Legal Question in Personal Injury in Wisconsin

Re: Chlorine exposure at hotel pool

If one can prove that the toxic discharge was due to the establishment or their agents, they would certainly be liable for your damages. If, however, your damages consisted of nothing more than an emergency room visit with no after-effects, it may not be worth making a federal case out of it. You should definitely get your medical bills and clothing damage paid for and something for your trouble in addition to that--perhaps some gift certificates for free lodging in the future. It may be worth talking to a lawyer about this, and you might be able to get one to take the case on a contingent fee basis if you wanted to make more of it. If you had legitimate continuing symptoms and medical care, it might be a decent case to pursue. You have three years prior to the expiration of the statute of limitations, with extensions for family members under 18.

Re: Chlorine exposure at hotel pool

From you description of the events, I think you probably have a claim that could be successfully pursued. The big issue, in my opinion, would be whether it would be worth your while to pursue a claim. My understanding is that you live in Virginia. If the insurance company decided that it would be better off defending the claim instead of simply paying you, it would require your filing a lawsuit. A lawsuit can be quite expensive to pursue. Depending upon whether the hotel was one that did business in Virginia, or not, the suit might have to be filed in Wisconsin. You would then have to come to Wisconsin for a deposition and, if the case did not settle, for a trial. From your description of the events, I get the impression that no serious injuries were suffered. I question, then, whether it would be worth your while to file a case. You might be better off just having the hotel pay your medical bills.

You may call me if you would like to discuss this in greater detail.

Re: Chlorine exposure at hotel pool

I am a Virginia attorney, not Wisconsin, but I

can tell you that you need to consult with a

Wisconsin attorney. YOU MUST find one who

specializes in "personal injury" because most

of those who do personal injury law regularly

will do it on a "contingency" basis (no fee

unless you recover, except for filing fees

and out of pocket expenses). Such a lawyer

should give you a free consultation. Search

for personal injury. Those attorneys who

advertise very prominently are usually

contingency lawyers, because those who are

seeking business clients do it on the golf course

not in the newspaper or on billboards.

The reason I say confidently you should talk to

a lawyer is because insurance companies are

in the business of NOT paying on insurance

claims and finding bogus reasons to avoid

paying out on claims. Therefore, they will

try to make up ridiculous reasons not to pay

you.

Of course you may not have very much in the way

of damages (losses) and therefore might not

recover very much.

Re: Chlorine exposure at hotel pool

I concur with attorney End's assessment. Take the medical payments and end it.