Whatt o do if I was injured at a fst food chain because my finger got stuck in between the chair as I went to sit down?

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Whatt o do if I was injured at a fst food chain because my finger got stuck in between the chair as I went to sit down?

I had to get my nail removed.I missed the two days of work and had to cancel my weekend vacation to Mexico. I’m a banker and it took a month for my finger nail to grow back. The insurance company wants to settle for $1,000. However, I don’t feel that this is acceptable but not sure whatt to do next?

Asked on December 16, 2012 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It actually seems as as if the insurer is being generous--from what you write, there is reason to think you are not entitled to any compensation. A restaurant is not an insurer; it is only liable, or financially obligated to pay, if it was at fault in someway in causing your injury. It is not clear what fault it was of the restaurant that your finger got stuck between the chair--most accidents, for example, are just that: accidents, with no one at fault.

While you could sue if you believe you are entitled to more money, bear in mind that to win, you would have to prove by a "preponderance of the evidence" (that it is more likely than not) that the restaurant did something wrong. If you can't, you would get nothing from the case. Even if you could prove that, you are only entitled to, for an injury like this, your out-of-pocket medical costs (not paid by insurance); lost wages, if you were not paid for those two days; and possibly for the unrefunded or uncredited cost of the cancelled vacation IF you could show that you absolutely had to cancel it, not merely that you did not want to go under those circumstances (i.e. it was medically unsafe to travel).


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