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Why Contact a Lawyer Immediately After an Accident

By Paul Benson • February 1, 2026
Why Is It Crucial To Reach Out To A Lawyer Soon After An Accident? Contacting a lawyer promptly after an accident is vital to preserve crucial evidence from the accident scene. Evidence like skid marks, surveillance videos, and witness statements can disappear quickly. By involving a lawyer early on, you ensure that all necessary evidence is collected and preserved, which can significantly impact the outcome of your case. Why Do Some People Delay Contacting A Lawyer After An Accident? Many individuals delay contacting a lawyer due to the misconception that they are not "lawsuit people." However, when faced with insurance companies refusing to compensate them fairly, they realize the need to protect their rights. By waiting to involve a lawyer, important evidence may be lost, such as video footage or witness accounts, which can weaken their case significantly. What Are The Potential Problems Individuals Face When Insurance Adjusters Reach Out Early? Insurance adjusters often aim to elicit statements that downplay the severity of injuries or shift blame away from their policyholders. By recording conversations and obtaining seemingly innocuous statements, they can later use discrepancies to undermine a claim. Consulting with a lawyer before engaging with insurance adjusters is crucial to avoid inadvertently harming your case. What Key Evidence Can Be Lost If Individuals Wait Too Long After An Accident To Seek Legal Counsel? Delaying legal representation can result in the loss of crucial evidence such as video footage, debris placement at the scene, and witness recollections. Additionally, timely medical documentation is essential for accurately assessing and documenting injuries. Without early involvement, individuals risk missing out on vital evidence that could strengthen their case. How Does The Timing Of Medical Bills And Documentation Impact An Insurance Company's Evaluation Of A Claim? In Wisconsin, the timing of medical bills and documentation is critical due to the collateral source rule. Health insurance coverage may pay medical bills upfront, but individuals can still recover the full amount from the at-fault party's insurance. However, delays or discrepancies in submitting bills can lead to reduced compensation and financial risks for the injured party. What Tactics Do Insurance Companies Employ To Settle Claims Quickly Without Individuals Fully Understanding The Implications? Insurance companies may use tactics like sending blank medical releases or offering immediate settlement checks to expedite claim resolutions. Individuals may unknowingly sign away their rights or settle their claims prematurely, leading to potential long-term repercussions. It is essential to seek legal guidance to navigate these tactics and ensure fair compensation for injuries. What Steps Should Individuals Take After A Minor Accident To Protect Their Legal Rights? After a minor accident, individuals should document the scene thoroughly, report the incident to their insurance company, and consider seeking a legal consultation. It is crucial to accurately relay their version of events to the police, report any injuries promptly, and consult with a lawyer to understand their rights and potential legal options. Is It Advisable For Individuals To Seek Medical Evaluation After A Minor Accident Even If They Feel Only Minor Discomfort? Yes, it is recommended for individuals to undergo a medical evaluation after a minor accident, even if they experience minor discomfort. Prompt medical assessment can uncover hidden injuries that may worsen over time if left untreated. By seeking timely medical attention, individuals protect their health and establish a documented record of injuries for potential legal claims. What Are Some Early Moves Insurance Companies Make That Individuals Should Be Cautious About Following An Accident? Insurance companies may attempt to obtain blanket medical releases or offer immediate settlement checks to expedite claims processing. These tactics can lead to individuals inadvertently signing away their rights or settling for inadequate compensation. It is crucial to seek legal guidance to navigate such tactics and protect one's legal rights effectively.

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A yellow caution wet floor sign is in a lobby.

Can I Sue a Hotel if I Have Been Hurt on Their Property?

Slip and falls are the leading cause of accidents in hotels, public buildings, and restaurants. According to the Global Floor Safety Network, nearly 70 percent of these slip and fall accidents occur on flat and level surfaces. In Wisconsin, when you're injured in an accident on a hotel's premises or another person's property, you are well within your rights to hold the property owner responsible and seek fair compensation for your injuries. 


When I started my firm, the Paul Benson Law Firm, I did so with the goal to offer experienced legal guidance and compassionate representation to personal injury victims in need. When you choose me as your legal counsel, I will dedicate myself to investigating the details of your case, work to determine liability, and do everything I can to protect your rights. As an experienced Wisconsin personal injury attorney, I will fight vigorously to advocate for your needs and help you pursue fair financial compensation for your injuries. I proudly serve clients throughout Janesville, Beloit, and Rock County, Wisconsin, so reach out today to schedule a free case evaluation.

Premises Liability With Respect to Hotels and Other Businesses

In Wisconsin, property owners have a responsibility to keep the premises reasonably safe for visitors and customers. Failure to do so means that the property owner can be held liable for accidents or injuries that occur on their property. Through a premises liability lawsuit, a visitor may hold the hotel owner or management responsible for an injury or accident that occurred due to any dangerous, unsafe, or hazardous conditions on the hotel premises.

Duties and Responsibilities of Hotels and Other Businesses

Hotels and other businesses owe the following duties and responsibilities to their visitors and customers:


  • Keep the hotel or business premises in reasonably safe conditions
  • Exercise reasonable care when hiring staff
  • Provide sufficient security on the promise to ensure safety
  • Ensure that proper locks are available for rooms and safes to protect guest's belongings
  • Employ properly trained pool staff or a life-guard to maintain pool operations and ensure guest's safety
  • Inspect the property regularly
  • Carry out adequate maintenance on the property
  • Repair any potentially unsafe or dangerous conditions on the hotel premises
  • Warn guests about any unsafe or dangerous conditions on the hotel premises


Renowned hotel chains in Wisconsin, such as The Edgewater, The American Club, Grand Geneva Resort & Spa, The Charmant Hotel, The Pfister Hotel, and Lodge Kohler, are aware of their responsibilities and duty of care owed to visitors. If they fail in that duty, these Wisconsin hotels may be held responsible for any resulting injuries or failure to protect their guests.

Types of Premises Liability Claims

Premises liability cases often take the form of one of the following:

Accidents Due to Dangerous Conditions on the Property 

There are a number of different hazards that can result in dangerous conditions on hotel property. Every property owner should be aware of these dangerous conditions and act accordingly to protect their guests and keep them safe. Examples of these conditions include:


  • Inadequate maintenance of the hotel premises
  • Defective conditions on the premises
  • Fires
  • Bedbugs and other harmful infestations
  • Unsafe cookware at the breakfast station
  • Porch collapses
  • Elevator and escalator defects or accidents
  • Unsafe swimming pools
  • Water leaks or flooding
  • Stair collapses or defective staircases
  • Toxic fumes or chemicals

Accidents Caused by a Failure to Protect Guests 

These accidents occur due to a failure to protect customers from criminal activity that could have been foreseen. Examples of this include:


  • Untrained or lack of pool staff or life-guard
  • Inadequate building security leading to assault, theft, or injury
  • Dog bites and animal attacks

How to Determine Liability

Premises liability accidents, including slips and falls, often occur as a result of an unfortunate combination of factors. In order to recover damages, the victim must prove that:


  • The hotel management owed you a legal duty of care and was responsible for your safety during your stay or visit.
  • There was an unsafe, dangerous, hazardous, or defective condition on the property.
  • The hotel management was aware of the unsafe condition of their hotel that resulted in the accident
  • The accident or injury occurred due to the negligence or carelessness of the hotel management.
  • You suffered actual harm, bodily injury, or property damage from the incident.

Contributory Negligence in Wisconsin Premises Liability Cases

Wisconsin follows the contributory negligence (or shared fault) principle. Under this system, a victim is not barred from recovering damages for an accident caused by another person's negligence, even if they were partially responsible. The damages that may be recovered will be reduced in proportion to their percentage of fault. However, a person found to be causally negligent for 51 percent or more shall be jointly and severally liable for the damages allowed (Wisconsin Statute section 895.045).


For instance, if the court awards $100,000 in damages for your accident, but found that you were 25 percent responsible for the accident, you will only be eligible to receive 75 percent of $100,000 ($75,000). If you were found to be 51 percent or more at fault, you wouldn't be allowed to recover any compensation at all.

Wisconsin Statute of Limitations

According to Wisconsin Statutes section 893.54, any injury lawsuit may be filed against any potential defendant within three years of the date the accident occurred. Also, you have up to six years to file a lawsuit seeking the replacement or repair of any damaged property (Wisconsin Statutes section 893.52).

How a Personal Injury Attorney Can Help

Regardless of the injury that you might have suffered, proving fault in a premises liability case can be very complicated. You need to establish that the hotel management was aware of the dangerous conditions on the premises that caused your injury, and failed to do anything about it. That’s why hiring a knowledgeable Wisconsin premises liability attorney is important to protect your rights and pursue rightful compensation.


At my firm, the Paul Benson Law Firm, I have devoted my career to handling matters of personal injury and premises liability. As an experienced personal injury attorney, I will review the details of your case, carry out a comprehensive investigation, work to establish fault, and explore all of your legal avenues to pursue and recover damages. I will fight compassionately to protect your rights and negotiate a fair financial settlement with the insurance company. Having me on your side can give you the peace of mind you need knowing that your case is in good hands.


If you or someone you know has been injured during a stay at a hotel in Janesville, Wisconsin, or the surrounding area, contact the Paul Benson Law Firm today to schedule a one-on-one consultation with an experienced personal injury attorney. I will fight hard to protect your rights and help you pursue the compensation you need to recover from your injuries and get your life back. If you’ve been injured and live in Janesville, Beloit, or Rock County, Wisconsin, call or reach out to my firm today to get the help you need.