What are my rights if I was injured in a slip and fall incident recently?

UPDATED: Dec 30, 2014

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What are my rights if I was injured in a slip and fall incident recently?

it happened in a restaurant as I was leaving my booth to go pay at the cashier stand. An area of tile was wet with soapy water and I went down on my 2 wrists and 1 knee, and my left leg went backwards. There were no signs posted for “WET FLOOR” anywhere. There are a few witnesses. I feel hard, and according to my doctor visit today, I have suffered muscle spasms in my upper back and shoulder area affecting the nerves in my left arm. I am wondering, wouldn’t this incident be consider negligence or even gross negligence on the restaurant and it’s management? There was no “actual” manager at the time of this incident. Only a manager trainee who seemed lost as what to do.

Asked on December 30, 2014 under Personal Injury, Florida


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

Answered 8 years ago | Contributor

You are correct that the restaurant is liable for negligence.

Prior to filing a lawsuit for negligence against the restaurant, it may be possible to settle the case with the restaurant's insurance carrier.  You should obtain the name, address and telephone number of the restaurant's insurance carrier.  Notify the restaurant and its insurance carrier in writing that you will be filing a 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 any wage loss.

Your personal injury claim filed with the restaurant's insurance carrier should include your medical bills, medical reports, and documentation of wage loss.

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 with the restaurant's insurance carrier, 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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