do i have a case

I was leaving a restaurant and fell I told them about it one week later they did nothing do I have a case. The reason I didn’t tell them about it right away is I thought it was nothing but my foot and ankle is broke their was a rock that was in the parking lot just as you step off the curb that’s what I stepped on and rolled my ankle

Asked on August 22, 2016 under Personal Injury, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It would be advisable to obtain the name and address of the restaurant's insurance carrier and notify it in writing of your personal injury claim.  It may be difficult to prove that you slipped and fell at that location because of the delay in reporting it.  However, there may be video security cameras which could prove that you slipped and fell on the restaurant's premises.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the restaurant's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the restaurant's insurance carrier or the claim is denied, file a lawsuit against the restaurant based on premises liability.
If the case is NOT settled, your lawsuit against the restaurant based on premises liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A business is not your insurer; neither is someone (like the restaurant) which either rents or owns property. They are not liable (financially responsible) for your injury unless--and only if--they were at fault in causing the injury. You write that you stepped onto a rock--you could have to be able to show how the restaurant was responsible for that rock being there in order to hold them liable, and that is unlikely.

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