One of the first questions most clients ask bed bug lawyers is, “Can I get compensation for my bed bug bite injuries?” Of course, the answer to that question can vary greatly between clients. There are a number of factors that an attorney needs to consider in a bed bug injury case.
Getting Paid for Your Bed Bug Injuries
There is no one-size-fits all answer to questions about recovering damages in a bed bug case – because every bed bug case is different. An experienced bed bug injury attorney will need to ask a variety of questions to know the chances of a successful lawsuit, including:
How severe were your injuries?
Every individual reacts differently to bed bug bites. Some people will hardly notice the bites on their body. Others can have such a severe allergic reaction that they have it go to the hospital immediately. Most bed bug bite victims fall somewhere in between these examples. The majority of bed bug bite victims we speak with will have multiple bites resulting in itchy welts for a period of days to weeks. Some bed bug bite injury victims will still experience the sensation of bites months after the bites have healed. The emotional and psychological impact of bed bug bite injuries can be more serious than the physical bite itself.
Another consideration is how many bites you sustained. Depending on how many, or how few, bed bugs there were, you could have been bitten a few times or a hundred. Some bed bug injury victims discover bites head to toe, while others may only have them in an isolated area.
What kind of issues did you have to deal with beyond physical injury?
A strong bed bug case will seek damages beyond the basic physical injuries. Damages from bed bug cases can include:
- Medical bills
- Lost work/wages
- Mental and emotional distress (some victims are unable to sleep comfortably or require psychological treatment)
- Extermination bills (bed bugs often travel back to your home with you from hotels/motels)
- Lost personal belongings (you may have to throw out your luggage, belongings, etc.)
What did the hotel owner/management do to prevent bed bug infestations?
No matter how severe the injuries or how inconvenient and expensive the bed bug infestation, you still need to prove negligence to have a winning case. Negligence on the part of a property occurs when the owner/manager fails in his/her duty to protect guests. Failures of duties of care often include lack of training of critical staff members on ow to identify bed bugs. They can also include a failure to put in place a bed bug protocol or have reasonable pest control measures at the property. There are many duties that a hotel owes its guests, contact our office if you believe you have been injured as a result of the negligence of another.
Consider this example of negligence:
A hotel owner gets a complaint of bed bug bites from a guest. In an attempt to save money, the owner decides to deal with the
potential bed bug problem himself. He cleans the room thoroughly and doesn’t see any bed bugs. He is not an exterminator nor does he have any training on how to detect bed bugs. The owner doesn’t know what is necessary to eliminate bed bugs in a hotel room. Bed bugs remain in the room and injure more guests. Guests injured by bed bug bites at this hotel would have a strong claim for their injuries.
Did you document your injuries and any bed bugs you found?
Documentation and evidence are valuable in pursuing a bed bug injury claim. If you are bitten and you notice it before you leave your hotel room, search the room for signs of bed bugs. You can usually see bed bugs with the naked eye, especially adult bugs. You can also see black and rust colored spots on the sheets, mattress and/or box spring, these are bed bug droppings or “fecal spotting”. Search the comforter, sheets, mattress, box spring and even the furniture in the room. Take pictures of anything you find that indicates bed bugs including live bugs, dead bugs, fecal spotting, bed bug skins, eggs or other pests.
Visiting a doctor for your injuries is also recommended. Ask for documentation of your visit. Having a doctor record the nature of your injuries can be useful in a case.
Let Us Answer Your Questions – Please Contact Our Bed Bug Law Firm
The only way to really know if you have a chance of collecting compensation is to speak to an experienced bed bug attorney. If you or someone you care for has been bitten and you think negligence was involved, please contact us. We will be happy to answer all your questions.