I had the top of an ice machine fall on me at a fast food restaurant.

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I had the top of an ice machine fall on me at a fast food restaurant.

I went to a fast food restaurant for lunch last week, and the top of the self
serve ice machine fell onto my head. It was heavy, and hurt me. I have a witness
who tried to get the manager’s attention, but no luck. I went to the counter once
I was steady on my feet, and spoke to the manager, and she had me fill out an
incident report. Afterward I went to the er, and was diagnosed with a concussion.
that was on Wednesday 3-15-17. The hospital wants the money for the visit. They
have tried to contact the company, and so have I but they have yet to answer my
calls. One more thing, The manager said the one of the employees overfilled the
ice machine, and didn’t latch the lid. That’s why it fell on me. What do I do
now?

Asked on March 20, 2017 under Personal Injury, Ohio

Answers:

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

Answered 4 years ago | Contributor

You should file your personal injury claim with the insurance carrier for the fast food restaurant.
When you complete your medical treatment and are released by the doctor, obtain  your medical bills, medical reports and if applicable, 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.


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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