It sounds simple to say that the correct parties should be sued, but actually at the very beginning of a personal injury claim it is very important to identify all the parties potential responsible for or contributing towards an injury.
Our client was a presenter on behalf of his company on a business trip from the U.S. The hotel where he was staying was the venue for the presentation.
A company booked the hotel and made arrangements for the set up of the stage in conjunction with the hotel.
Our client commenced his presentation and then suffered extremely serious debilitating back injuries as a result of falling down a negligently exposed gap between the stage and the back wall in an unlit area.
In this situation the following parties are involved:
1. The owning company of the hotel
2. The branded hotel operator responsible for managing the hotel
3. The company that booked the premises
4. The insurance company responsible for the hotel premises
5. The insurance company responsible for the branded hotel operator’s global insurance program
6. Our client
7. Lawyers representing any of the parties
Therefore, to act upon client instructions requires a proper analysis of the claims and communications which will be necessary to ensure the parties are made aware of (a) that a serious incident occurred (b) that there were real damages and (c) that there must be a party or parties jointly held to account.
Frequently injured parties can make a mistake by trying to send an informal notice or act too quickly when in fact they should seek legal counsel as soon as possible.
In this case our client sought U.S. counsel’s advice who then appointed our firm to handle proceedings in Thailand. Parallel proceedings can take place in multiple jurisdictions and it is possible to sue brands in the U.S. who have operations overseas.
Therefore, what can appear at first glance as a simply ‘legal notice and claim situation’ can in fact be more complex than that and requires sensitive and thorough organized analysis.
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