If you suffered a slip and fall, you are suffering financially. Your medical bills are mounting, and you are losing money because of the missed work and lost wages.
You are concerned about your situation, so it is only normal to wonder how long does a slip and fall claim take? All claims are different, so this depends on the willingness of the restaurant and their insurer to take responsibility for the damages and to offer a fair settlement.
Your personal injury lawyer will help you with the process.
Fast-Food Injury Settlements
McDonald’s injury settlements, or any other fast-food restaurant injury settlements, can take a long time to determine. The restaurant’s insurance and your lawyer may go back and forth negotiating how much your settlement is worth.
Many settlements range from $20,000 to over $150,000. This is due to several factors from the slip and fall at McDonald’s, or any other fast-food restaurant, some of which include:
- Your injury and any medical expenses resulting from it
- Missed wages if your injuries are keeping you from working
- Mental anguish
- Future medical costs, if applicable
- Legal fees from your slip and fall claim
The more serious your injury is, the higher your settlement may be.
For example, if you slipped on a spilled fountain drink in a McDonald’s, or any other fast-food restaurant, and dislocated your shoulder, your settlement may be smaller than someone who suffered a traumatic brain injury (TBI) from a similar fall. This is because the person with the TBI may have larger medical bills and be unable to work longer. If the TBI is very serious, they may need future rehabilitation to regain basic motor functions. With the serious impact on the person’s life, they will likely get a larger settlement.
How Damages Come into Play
The severity of your injuries and the value of your damages play a major role in the outcome of your claim and how long it will take to settle. Often, an accident injury lawyer can negotiate a settlement before a claim proceeds to court.
Less serious injuries and fewer damages will result in a smaller settlement, and most likely, will be settled quickly. However, if you have suffered serious injuries that will affect you long-term, the restaurant and its insurance company might be hesitant about footing the bill.
Your lawyer will evaluate your claim, consider your damages, and determine what is a fair settlement. If a settlement cannot be reached, your lawsuit will proceed to court for a decision.
Common Damages
There are several common damages that can result from a slip and fall at a burger restaurant. Here are some of those damages.
- Medical expenses
- Future medical expenses
- Lost wages
- Future loss of earnings
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Long-term disabilities
Of course, documentation is the key of a successful claim, especially against a large company. You need to take photos of visible injuries, keep a copy of the accident report, keep medical records and medical bills, document missed work and lost wages, document your inability to perform daily activities or enjoy hobbies, take note of anxiety or depression resulting from your injuries, and get statements from eyewitnesses.
All these things will support your claim.
How Negligence Comes into Play
If you can prove negligence, which is the focal point of a personal injury claim, you will have a successful claim. There are four elements of negligence. Those elements are duty, breach, causation, and damages. A restaurant has a duty or responsibility to keep its premises safe for customers.
When they fail to do that, by not keeping the floor free from risks, they have breached that duty. When that breach causes an accident, such as a slip and fall, and that fall leads to damages, then the four elements of negligence have been proven.
Consult with a Personal injury Lawyer
If you have suffered a slip and fall, consult with a personal injury lawyer. Complete the Free Case Evaluation Form to have your case reviewed and to get your claim on the right track. There is a statute of limitations for pursuing a claim, so time is of the essence.
Additional Resources
*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 another party, you may not be entitled to any compensation.
