IfI was injured at a restaurant, should I sue?

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IfI was injured at a restaurant, should I sue?

Last week I crushed my finger in a folding chair at a restaurant. I have a guillotine fracture to my left middle finger, and my finger nail popped out the back of my nail bed. The restaurant called an ambulance for me, and I was gone pretty quickly. No accident report was filed at the time as it was right in the middle of my parent’s 50th wedding anniversary party, and I think there was quite a bit of confusion concerning which car my kids would be going home in, etc. (my husband rode with me to the hospital). In the week since, they have not returned calls to file an accident report.

Asked on August 12, 2011 Rhode Island

Answers:

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

Answered 10 years ago | Contributor

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 no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  File your personal injury claim with the insurance company for the restaurant. Your personal injury claim consists of the medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss 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.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the restaurant's insurance company, reject the offers and file your lawsuit for negligence against the restaurant.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, you will need to file your lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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