Filing a personal injury claim can feel intimidating or extreme for someone unfamiliar with the legal process. However, if your recent accident at a restaurant resulted in pain, injury, and money lost, then a personal injury claim may well be worth the effort.
By filing a PI claim, you ay be able to receive compensation for your injuries from the restaurant's insurance.
Potential Accidents at a Restaurant
Most people who file claims against restaurants do so because of:
- Slip and falls: Especially at restaurants famous for their 24/7 coffee, spills are to be expected. Slips on these coffee spills — or on other slick surfaces such as water build-up in restrooms or cleaning solution — can cause nasty falls that can result in minor to severe injuries.
- Food-borne illness: Any restaurant is susceptible to food accidents (expired products, improperly cooked proteins, etc.) that can cause illness. Some of these illnesses are severe enough to prevent customers from returning to work as well, resulting in lost wages during recovery.
Depending on the circumstances of your accident, the restaurant's insurance may be responsible to cover all medical costs and lost wages resulting from your injury.
Providing Evidence on Your PI Claim
To see if your accident may qualify, you must determine if your accident was due to the actions of the restaurant staff or management. This is called determining “fault” or “negligence”. For instance, if your injury was caused after tripping on a broken tile on the way to the restroom that management or staff had noticed and failed to fix, then it is likely that the eatery is at fault.
However, if you tripped on the way to the restroom because you were running through the hallway, then the accident may be due to your negligence instead.
Proving negligence involves providing as much evidence of your accident as possible. Start by writing a statement (and getting statements from any witnesses) explaining what happened in great detail.
Try to get pictures of the accident location, as well as pictures of any visible injuries. Be sure to also include your physician’s diagnosis to show the severity of your injuries, and include any medical bills that demonstrate how much money you will require in compensation.
If Your Claim Goes to Deposition
“Deposition” is when a claimant makes official out-of-court statements regarding their history and the events of a claim. If the store's insurance company wishes to schedule a deposition, don’t panic — this is actually a very common occurrence in PI cases, and will help the restaurant to determine whether or not they were at fault.
Be sure to tell the truth when answering questions, and feel free to decline answering any questions that make you uncomfortable. If you feel stressed, pressured, or confused during your deposition or at any point during your claim, then it may be wise to consider speaking with a personal injury attorney.
Considering a Personal Injury Attorney
Personal injury attorneys take away the biggest stressors of PI claims while giving you the best shot possible at receiving compensation. They can help you to compile evidence, write your demand letter, negotiate with their insurance, and represent you during deposition or in court.
And, if financial concerns are a worry, it is helpful to know that most PI attorneys only take payment until after they’re won you your case.
*Disclaimer: The content of this article serves only to provide information, and should not be construed as legal advice or opinion. You may not be entitled to compensation if you file a claim against Denny's, or any other party, for your accident.
