What can we do if my daughter was burnt on her upper thigh with second degree burns from soup from a restaurant?

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What can we do if my daughter was burnt on her upper thigh with second degree burns from soup from a restaurant?

It was so hot it burned her right through her pants. The burn area is probably 10 inches by 5 inches. She should be OK but may have scarring and has pain currently.

Asked on April 29, 2015 under Personal Injury, Washington

Answers:

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

Answered 6 years ago | Contributor

Prior to filing a lawsuit for negligence against the restaurant, it may be possible to settle the case with the restaurant's insurance carrier.

When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills, medical reports, and if applicable, documentation of wage loss.

Your daughter's 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 her 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 company, NO lawsuit is filed.

If your daughter is an adult (age 18) and is dissatisfied with settlement offers from the insurance company, she should reject the settlement offers and file a lawsuit for negligence against the restaurant.

If your daughter is a minor, and you are dissatisfied with settlement offers from the restaurant's insurance carrier, you should reject the settlement offers and file a lawsuit for negligence on behalf of your daughter against the restaurant.  If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because a minor cannot file a lawsuit herself.

If the case is NOT settled with the restaurant's insurance carrier, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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