What to Do if You are Hurt in a New Orleans Casino
Casinos, shopping malls, retail stores, and any public space where you see security guards and security cameras are concerned with their own liability first. Because of that, there are some important things you need to be aware of should you get injured in a public space such as a casino in New Orleans. From slip and falls on wet floors to injuries caused by malfunctioning equipment, casino injuries are actually pretty common. These are darkened spaces without windows where people are often drinking alcohol or running on high emotions. Whether you got hurt at Boomtown, Caesars, or Treasure Chest Casino here in town, please contact a skilled, experienced New Orleans personal injury lawyer before you sign anything the casino puts in front of you.
Casinos Are Focused on Their Liability
When you are injured in a casino, know that their primary concern is their own liability, not your well-being per se. Like an insurance company who is supposed to “be a good neighbor,” an insurance company has one goal and that is to minimize pay-outs—period. It’s the same with casinos, shopping malls, hotels, event venues, public parking garages, and so on.
Casinos have “incident teams” in place whose sole purpose is to manage their risk. When you fall down, slip, trip, collapse, or otherwise get hurt at a casino, the surveillance team will immediately notify a security guard, risk management rep, and on-staff nurse or EMT to respond to your location. The security guard, risk management person, and surveillance crew will take photos of your injuries, the scene, put together their own internal incident reports, and ask you to sign them. Yes, while you are sitting on the floor with a giant bump on your head, they will casually ask you to sign a form that seems harmless but may actually give away some of your rights. They won’t tell you that signing is optional, that giving them a written or recorded statement is optional, or anything along those lines.
Furthermore, the casino incident report is not a police report. If you were the victim of a crime in the casino (sexually assaulted, punched, robbed), please ensure that the New Orleans police department gets notified. After you get your injuries examined and treated by a real, unbiased medical professional outside the casino, reach out to a New Orleans personal injury attorney for guidance and proceed cautiously.
What to Do After a Casino Injury
If you have been injured in a New Orleans casino, here is a comprehensive guide on what to do. As New Orleans personal injury attorneys, we walk our clients through these steps all the time:
Do Your Follow-Up Medical Treatments
Your health and well-being should be your top priority. Even if your injuries seem minor at first, get a thorough medical evaluation to identify any unseen injuries or potential complications. Follow your doctor’s instructions and attend all necessary follow-up appointments and treatments. Doing this lays the foundation for a strong case against the casino.
Get a Copy of the Casino’s Incident Report
Usually the risk management report will be a form in triplicate that can just be handed to you on-site. At the very least ask to see it and take a picture of it with your phone. Don’t be surprised if they noted something like, “Victim said she was OK,” because you were nervous and trying to be polite when they asked if you were OK. Tiny, innocuous statements like these can (and will) be turned against you later. The information in the casino’s various reports can be invaluable when building your case and proving liability. If the casino refuses to provide a copy of the incident report, again, have your lawyer call their risk management team.
Gather Evidence and Witnesses
Collecting evidence and gathering witness statements is necessary to put together a strong case. Take photos of the accident scene, your injuries, and any relevant factors that may have contributed to the incident, such as poorly maintained equipment or hazardous conditions. Also, gather the contact information of any witnesses who saw the accident occur. Memories fade, so record and document everything.
Hire a Whip Smart New Orleans Personal Injury Attorney
In the David and Goliath fight of the casino against the average Jane or Joe, the only way to not get pushed around is squeezed is by lawyering up. If you want to be taken seriously and get the settlement you are legally entitled to, you need a top-notch New Orleans personal injury attorney on your side.
Necessary Elements for Premises Liability Claims
In a premises liability claim, which is the legal term for the type of case you have against the casino, certain elements must be established:
- Duty of care: The casino has a legal duty to ensure the safety of its patrons.
- Breach of duty: The casino failed to meet its duty of care, either through negligence or intentional misconduct.
- Causation: The breach of duty directly resulted in your injuries.
- Damages: You suffered actual harm or damages as a result of the casino’s negligence or misconduct.
What Damages Can I Recover for a Casino Accident?
If you are injured in a New Orleans casino, these are the things you are legally entitled to be compensated for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages
The specific damages depend on the unique circumstances of your case.
Steps in a Casino Injury Case
Here is a brief summary of the typical legal process:
- Meet with a New Orleans personal injury attorney to determine the best course of action.
- Collect evidence, interview witnesses, and assess the strength of your case.
- Draft and send a demand letter to the casino stating your claim and requesting compensation.
- Negotiate with the casino to reach a fair settlement.
- If a fair settlement cannot be reached through negotiation, your attorney will file a lawsuit. This will not cost you anything up front.
- Continue negotiations or present your case in court. If things turn out in your favor, you will receive compensation for your injuries.
Contact a New Orleans Personal Injury Attorney Now!
If you were injured in a local casino, don’t gamble on the outcome of your claim! You are legally entitled to fair and reasonable financial compensation. Regardless of what the casino may have made you sign, we can help! At Egenberg Trial Lawyers, our savvy, resourceful, and detail-oriented New Orleans personal injury lawyers know how to navigate the casino claim maze. To speak to a lawyer today, contact our offices right away.