Should we have an attorney if my son cut his foot on glass at a restaurant and he severed an artery and all 5 tendons in his foot and had to have 2 surgeries to repair the damage?

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Should we have an attorney if my son cut his foot on glass at a restaurant and he severed an artery and all 5 tendons in his foot and had to have 2 surgeries to repair the damage?

We are filing a claim with the restaurant to recoup our medical bills. Do you recommend that we have an attorney?

Asked on July 23, 2015 under Personal Injury, New York

Answers:

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

I am sorry to hear about your son's injury. You or he, if he is 18 or older, may well have a valid lawsuit against the restaurant but there simply is not enough information here to determine that.  Broadly speaking, every personal injury lawsuit requires that you prove 2 things - that the other party did something (or failed to do something) wrong and thus are liable and second, IF they are liable, then you have to prove with some reasonable certainty the amount you were damaged.  Here it sounds as if you have no problem establishing he was damaged and can, with the help of an attorney and/or doctors, establish a reasonable amount of those damages.  So the question comes down to can you prove the restaurant did something wrong and is liable?  Either way, that is likely to take the assistance of an attorney experienced in personal injury lawsuits to be able to properly evaluate whether you can prove it, and if so, then how much your damages are.  Even then, you still will need someone familiar with the system to present your claim to the restaurant and/or their insurance company and potentially to file a lawsuit to seek the full amount you are entitled to recover.  You will be at a severe disadvantage if you try to do this yourself without the help of an attorney - it is, afterall, what they do for a living.  The other side, or their insurance company, will have knowledgable legal staff working the matter.  You should too or you will most likely be taken advantage of.  Remember, no matter how "nice" the other side may be, their job and what they are being paid to do is to minimize the amount they have to pay you.  They will NOT look out for your best interest and you should NOT take your legal advice from them.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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