Head Injury caused by Sheraton - Hotel not accepting liability
Jul 9, 2010, 9:29 am
#16
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NO one in China admits anything, you are better getting straight onto the subject of compensation to prevent you sueing them and get the police involved.Its easy for all you people to say get a lawyer, but you obviously have no idea how the culture and the system works in China.It never ceases to amaze me how people assume everywhere in the world is just like where they live. If you dig seep enough you will find that this hotel is more than likely working under a licence or franchise agreement.
After the GM kept saying that they wouldn't accept liability, he told us to suggest a settlement amount we did some research and came up with the following settlement amount of $50k. Broken down as follows: $23k to cover all future medical expenses including plastic surgery(s); $5k for the lost time she will have to spend treating the scar; $10k for lost career opportunities since she is now very afraid to meet with customers and make public appearances; $15k for pain and suffering for the rest of her life, considering that she will always have the scar on her face, even if slightly reduced by plastic surgery.
In response, the GM said that he " received unfavorable written.replies to your claims.from owner's Insurance company and.lawyer who are in favor of resolving the case by legal actions."
He said that he is "still consulting Starwood legal department for advice.and will have a meeting with owner, his lawyer and Insurance company on Monday."
It has already been three weeks of similar back-and-forth and I am starting to think that they are just trying to delay, delay, delay...
Jul 9, 2010, 9:29 am
#17
Join Date: Jun 2008
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Injury was directly caused by a hotel staff.
Own insurance doesn't cover plastic surgery.
The future plastic surgery fees are difficult to predict. And pain and suffering is actually quite relevant in this case, because of the nature of the scar and the fact that it is on her forehead means that even after plastic surgery, it will never be completely removed. Doctor's estimates are that they could reduce the appearance of the scar by 50% at most. My girlfriend is a business manager for an international semi-conductor company who deals with customers on a daily basis, it would be an understatement to say that her appearance is very important for her job...
Own insurance doesn't cover plastic surgery.
The future plastic surgery fees are difficult to predict. And pain and suffering is actually quite relevant in this case, because of the nature of the scar and the fact that it is on her forehead means that even after plastic surgery, it will never be completely removed. Doctor's estimates are that they could reduce the appearance of the scar by 50% at most. My girlfriend is a business manager for an international semi-conductor company who deals with customers on a daily basis, it would be an understatement to say that her appearance is very important for her job...
Jul 9, 2010, 9:31 am
#18
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Jul 9, 2010, 9:32 am
#19
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Thanks for your response. Unfortunately we have come to the same conclusion. I have spoken to a few lawyers in China who basically say that I should be happy with whatever they offer us, in China, personal injury claims are not taken very seriously.
After the GM kept saying that they wouldn't accept liability, he told us to suggest a settlement amount we did some research and came up with the following settlement amount of $50k. Broken down as follows: $23k to cover all future medical expenses including plastic surgery(s); $5k for the lost time she will have to spend treating the scar; $10k for lost career opportunities since she is now very afraid to meet with customers and make public appearances; $15k for pain and suffering for the rest of her life, considering that she will always have the scar on her face, even if slightly reduced by plastic surgery.
In response, the GM said that he " received unfavorable written.replies to your claims.from owner's Insurance company and.lawyer who are in favor of resolving the case by legal actions."
He said that he is "still consulting Starwood legal department for advice.and will have a meeting with owner, his lawyer and Insurance company on Monday."
It has already been three weeks of similar back-and-forth and I am starting to think that they are just trying to delay, delay, delay...
After the GM kept saying that they wouldn't accept liability, he told us to suggest a settlement amount we did some research and came up with the following settlement amount of $50k. Broken down as follows: $23k to cover all future medical expenses including plastic surgery(s); $5k for the lost time she will have to spend treating the scar; $10k for lost career opportunities since she is now very afraid to meet with customers and make public appearances; $15k for pain and suffering for the rest of her life, considering that she will always have the scar on her face, even if slightly reduced by plastic surgery.
In response, the GM said that he " received unfavorable written.replies to your claims.from owner's Insurance company and.lawyer who are in favor of resolving the case by legal actions."
He said that he is "still consulting Starwood legal department for advice.and will have a meeting with owner, his lawyer and Insurance company on Monday."
It has already been three weeks of similar back-and-forth and I am starting to think that they are just trying to delay, delay, delay...
Jul 9, 2010, 9:33 am
#20
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Jul 9, 2010, 9:35 am
#21
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Have you opened a file on this with SPG? I had a matter in Morocco that I settled with SPG as opposed to with the hotel. I could have sued and, according to a prominent travel attorney, likely received considerably more than SPG gave, but I just wanted it behind me.
If you are interested in going the legal route, I see multiple listings for your location. Are you from California? If so, you have more rights in this matter than other travelers, in general. If that applies to you, send me a PM and I can send you the name of an attorney who will provide you advice. Some of that advice will be to forget dealing with the hotel or SPG and go straight to filing in court.
If you are interested in going the legal route, I see multiple listings for your location. Are you from California? If so, you have more rights in this matter than other travelers, in general. If that applies to you, send me a PM and I can send you the name of an attorney who will provide you advice. Some of that advice will be to forget dealing with the hotel or SPG and go straight to filing in court.
Jul 9, 2010, 9:35 am
#22
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I think you're going to find out very quickly things are done QUITE differently in China...
Jul 9, 2010, 9:36 am
#23
Join Date: Jun 2008
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i see your point and feel terrible for your girlfriend. the problem i have is if it was just medical costs then fine. she deserves that. a little extra for whatever is fine too. you get an attorney involved and automatically it's a 7 figure lawsuit. since when does an attorney just want fair?
Jul 9, 2010, 9:37 am
#24
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I don't think that anyone here has said that Starwood does not have any liability. Some posters have replied what they think Starwood's liability should be.
Jul 9, 2010, 9:39 am
#25
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Jul 9, 2010, 9:40 am
#26
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woman's shoes? hey leave my private life out of this! i see your point and feel terrible for your girlfriend. the problem i have is if it was just medical costs then fine. she deserves that. a little extra for whatever is fine too. you get an attorney involved and automatically it's a 7 figure lawsuit. since when does an attorney just want fair?
i see your point and feel terrible for your girlfriend. the problem i have is if it was just medical costs then fine. she deserves that. a little extra for whatever is fine too. you get an attorney involved and automatically it's a 7 figure lawsuit. since when does an attorney just want fair?
Jul 9, 2010, 9:41 am
#27
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Jul 9, 2010, 9:46 am
#28
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Eitherway, OP please let us know how this turns out. I have a friend who got injured at a Hilton in US. He didn't even get miles. Nothing.
Jul 9, 2010, 9:47 am
#29
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In that case, why don't you give a counteroffer for a settlement in Starpoints?
Jul 9, 2010, 9:50 am
#30
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I will keep this thread updated on the situation. I think I am going to try to push Starwood to step-up their involvement before proceeding with legal action.