If I got injured at a fast food chain, can I sue them?
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If I got injured at a fast food chain, can I sue them?
Last night, I went in and came up to the counter to order. As I did, I pressed
my knee against the counter, then pulled my leg back. There was a wooden
panel that was covering the wiring going up the register and it slipped out of
place and hit the top of my foot really hard. I took a couple minutes just
leaning by the register. My foot was red and purple were my skin was coming
off. And my foot still hurts and I can’t bend it upward.
Asked on September 13, 2016 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You will need to document your injury with medical treatment in order to have a personal injury case.
Prior to filing a lawsuit against the restaurant, it may be possible to settle the case with the restaurant's insurance carrier. Notify the insurance carrier in writing of your 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 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, reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled, your lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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