I fell at a naional hamburger chain and suffered injuries, what are my rights?

I was on vacation. I slipped on their rock walkway which they had recently put poly sealant on. Also, there were no signs or notifications warning customers that it is slippery. I have 2 witnesses who saw the whole incident. I also filled out an incident report. I am going to the ER today to have X-rays taken of my tail bone because I am pretty sure I injured it. Am I eligible for compensation? Also, how do I go about this?

Asked on June 4, 2012 under Personal Injury, Massachusetts


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

Answered 8 years ago | Contributor

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 any wage loss.  Your personal injury claim filed with the hamburger chain's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss 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 your medical bills.  If the case is settled with the hamburger chain's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the hamburger chain's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hamburger chain.  If the case is NOT settled with the hamburger chain's insurance carrier, you will need to file your lawsuit for negligence against the hamburger chain prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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