If you slip, trip or fall over anywhere outside your home and are injured you may be able to claim compensation if the accident was not your fault. The accident must take place in a public place such as a McDonald’s restaurant, or any other restaurant, where public liability insurance is held.
If you do decide to make a claim, because an injury is likely to be a financial burden, you do have to have proof of negligence and that the negligence caused your injuries. You will find that your doctor can help provide evidence that the accident caused the injuries and that they were not pre-existing. In many cases, a personal injury attorney can help with legal advice and the processing of your claim.
Should You File a Slip and Fall Claim?
It probably isn’t worth filing a claim if you have a minor injury after a slip and fall. You have to make a judgment whether it is worth taking the time to complete a demand letter and going through with the effort. Basically, if the costs are significant, taking into account medical bills, lost earnings and the sheer effect it has had on you in emotional wear and tear, you should consider making a claim.
You will need evidence that the slip and fall accident was their fault or at least the fault of the restaurant’s management. For example, if you slip over on a milkshake that was spilled over on the floor, you may reasonably think that it should have been cleaned up by the workers as it would have been a slip and fall hazard.
Whether the spill was evidence of McDonald’s negligence or not depends on how long it had been there. If you had seen employees walking to and fro and had not done anything about it, then this would be more convincing.
How a Doctor Can Help Your Claim
No insurance carrier will accept that your injury was caused in the way you said it did without some kind of proof. They may allege that the injury you are claiming for predated the accident.
This is where a doctor’s report can come in useful. You may not bother to make a claim if you just have a bruise or a small cut, but you will certainly be thinking of it if you have a broken wrist or you knock some of your teeth out.
A visit to your doctor will help address the nature of your injury, provide proof of the date that it occurred and how serious it was. Your doctor will also advise you what further treatment you need, such as surgery, as well as how long it will take before you can return to work.
If the injury was particularly serious, such as spinal or brain damage, then your doctor’s analysis, together with that of specialists, will be essential in guaranteeing that your claim for damages is sufficient to compensate you over the long term.
Another important component of a personal injury claim is a payment to compensate for “pain and suffering.” This can be substantial. It is your doctor, as well as possibly other specialists like psychologists, who are best placed to provide informed opinion about the effect the accident has had on you.
Why Legal Advice From a Personal Injury Lawyer Can Help Your Claim
If you had a nasty fall in a restaurant and are considering making a claim for compensation because of the financial burden the accident has placed on you through no fault of your own, you may need all the help you can get. Most personal injury attorneys will have dealt with slip and fall claims many times before and can provide valuable advice about the chances of success if you do decide to make a claim. Complete the Free Case Evaluation on this page to speak with a lawyer about your case.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against McDonald’s, or any other party, you may not be entitled to any compensation.
