Q: I recently fell really hard on my back at hard rock casino in Sacramento, Ca. They said I have 180 days to file a claim.
My tailbone is hurting, sharp pain and my wrist from trying to brace my fall. They took a pic of my back and my arm.
A: The FIRST step is to discuss your case with experience attorneys. Use the search tool to find an attorney on this website.
A:
I just looked it up and it looks like the Hard Rock Casino in Sacramento is an Indian gaming casino. If that is true, then technically they are immune from civil lawsuits, including personal injury lawsuits. In California, you can sue an Indian casino if the casino agreed to a limited waiver of tribal immunity under the Tribal-State Gaming Compact. This is because Indian tribes are soverign nations and are usually protected from lawsuits by soverign immunity, but tribes with Class III gaming agreed to waive this immunity in compacts within the state. If you do sue, it may be in a "tribal court" as opposed to a state court.
Typically, the statute of limitations for a personal injury lawsuit is 2 years (excluding medical malpractice). However, there may be a shorter statute of limitations when dealing with an Indian casino.
You should speak with an attorney as soon as possible before the statute of limitations expires.
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A:
I'm sorry to hear about your injury. In California, when you've been injured on someone else's property, you may be able to file a premises liability claim if the property owner's negligence contributed to your fall. Since the casino gave you 180 days to file a claim, it's important to act quickly to preserve your rights.
First, gather all the evidence related to your fall. This includes medical records, photographs of your injuries, and any documentation from the casino. If there were witnesses, try to get their contact information and statements. These pieces of evidence will be crucial in proving your case.
Next, consult with a personal injury attorney who can guide you through the legal process. They will help you understand your rights and the steps involved in filing a claim. It's essential to have someone experienced in your corner to ensure you receive the compensation you deserve for your pain, suffering, and medical expenses.
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