Do I have a case if I fell at a restaurant and got hurt?

I was at a diner in my area on Monday night I got up and walked to the bathroom because I felt ill, there was no wet floor sign but I slipped on the floor as they had just mopped it. When I slipped I landed on my right knee. The pain is excruciating and there is swelling, I saw the doctor finally yesterday and she said it appears to be a severe sprain and I need to follow up with an orthopedic doctor. My friends saw me fall, and shortly after I got up the manager was made aware. He comped our meal but now I’m stuck paying medical bills I can’t afford. I’m just trying to find out if there is anything I can do as far as getting the diner to pay for these bills as it was their fault.

Asked on June 8, 2018 under Personal Injury, New Jersey

Answers:

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

Answered 2 years ago | Contributor

Contact the restaurant and obtain the name, address, and telephone number of its insurance carrier.  Notify the insurance carrier in writing that you will be filing a personal injury claim.
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 document your injury and are 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, reject the settlement offers and file a lawsuit against the restaurant based on premises liability.
If the case is NOT settled, your lawsuit against the restaurant must be filed with the court prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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

Answered 2 years ago | Contributor

Contact the restaurant and obtain the name, address, and telephone number of its insurance carrier.  Notify the insurance carrier in writing that you will be filing a personal injury claim.
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 document your injury and are 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, reject the settlement offers and file a lawsuit against the restaurant based on premises liability.
If the case is NOT settled, your lawsuit against the restaurant must be filed with the court prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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