What should I do if I slipped and fell on food yesterday at a restaurant chain?

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What should I do if I slipped and fell on food yesterday at a restaurant chain?

They gave me ice and no incident report and never took my name. I am hurting all

over today.

Asked on July 27, 2018 under Personal Injury, North Carolina

Answers:

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

Answered 3 years ago | Contributor

There should be an incident report, and you should contact the restaurant to obtain the name, address, and telephone number of its insurance carrier.
Notify the restaurant's 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 your medical bills is straight reimbursement.  The medical reports document your injury and are 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 based on premises liability against the restaurant.
If the case is NOT settled, your lawsuit 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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