All restaurants have premises liability insurance, so your claim will be negotiated primarily with the insurance company that provides coverage for the Tim Hortons you had the accident in, or any other store where the incident took place.
Calculating Components of a Personal Injury Claim
There are normally typical components to a personal injury claim. An attorney can help you decide how much to claim for each component. It is important to be as honest and accurate as possible. Here is some information to consider.
- Medical treatment can be expensive and your own insurance, if you have any, might not cover slip and fall accidents. It is important to include not just what you have paid already but also any future medical and rehabilitation costs.
- Property damage is relatively easy to calculate. If you spilled coffee all over your new suit when you slipped on coffee spilled on the floor by another customer, you would claim the replacement cost of the suit or the part of it that was badly stained.
- Lost earnings may be substantial. If you have a serious injury and the recovery time is lengthy, you could even lose your job. Any earnings payment should be adjusted to cover all future earnings that would not be paid by your employer.
- Pain and suffering are very real parts of an injury, but they can be hard to quantify. If you twisted your neck as you fell down in a slip and fall accident, there may be little that medical personnel can do to relieve the pain. But this sort of suffering could feasibly last long after the injury.
If You Slip and Fall
If you have suffered a slip and fall at a restaurant, you may suffered injuries and damages. You may want to pursue a personal injury claim against the restaurant to recover compensation for your damages. Your medical bills might add up quickly, and you may have lost wages because of missed work. You may also have other expenses.
There is a statute of limitations for pursuing a claim after an accident, and that deadline depends on the state in which you live and where the accident took place. If you wait too long, you could miss your opportunity to pursue a claim.
Elements of Negligence To Prove
You will need to show that you have a legitimate claim and provide supporting evidence and documentation. Without evidence to prove the severity of your damages and to show that the negligence of the cafe and its staff caused your injuries, you cannot have a successful claim. There are four elements of negligence, and you must show all four elements of negligence and how they apply to your case specifically.
The four elements of negligence include showing that the other party (the cafe or restaurant) owe you a duty or a responsibility to keep the premises safe, that they breached that duty, that the breach of duty caused your slip and fall accident, and that the accident caused by the breach of duty resulted in your damages along with proof of your damages.
In this case, you can easily prove that there is a duty because Tim Hortons – or any business has a duty to keep safe premises for customers. If they don’t properly clean up a spill or fix damages, then the duty has been breached. If that breach causes you to slip and fall then that fall causes injuries, all four elements of negligence have been proven to apply to the situation.
What To Do After Falling
Be sure to notify an employee of the cafe – preferably a manager – about your slip and fall. An accident report will need to be completed. If you are physically able to do so, get photos of the accident scene. This will help show how the slip and fall took place, where it happened, and how you were injured.
Ask any witnesses to provide you with written statements. You should establish medical care right away. If you wait to get checked for your injuries, it may become difficult to prove that your accident at the cafe was the cause for those injuries.
When you seek medical care, you should maintain thorough documentation. That means keep copies of medical bills, medical records, proof of missed work and lost wages, medical excuses, and so forth.
Documentation is essential to the success of your personal injury claim. All your medical expenses should be added up – this includes physician visits, hospital bills, scans and x-rays, physical therapy, prescriptions, medical devices, and so forth.
Keep copies of any medical excuses that tell you not to report to work. You will then need to document any and all missed work and calculate your lost wages. That total should be added onto the cost of your medical treatment for your injuries. Your personal injury attorney will be able to calculate your pain and suffering and any other losses that you may experience because of the slip and fall suffered at Tim Hortons or any other cafe.
PI Claims May Not be Easy
You may be convinced that your accident was not your fault, but you still have to provide enough evidence that the injury you experienced was caused by someone at Tim Hortons, or any other cafe, acting negligently.
The attorney will know whether there are sufficient grounds for a claim, and they’ll have a good sense of what personal injury laws exist in your state. If filing a claim is recommended, then you most likely won’t have to pay any legal fees until a settlement is awarded in your favor. This is because most lawyers operate on a contingency fee basis.
How a Personal Injury Attorney Can Help You
If you suffered a slip and fall, you should enlist the help of a personal injury lawyer. An accident injury attorney who handles slip and fall claims will work to ensure your rights are protected and that the negligent party is held responsible for the damages that you suffered in the accident. Your lawyer will be able to gather supporting evidence and documentation, building a claim that shows all four elements of negligence apply to your specific incident.
Remember, time is of the essence because there is a statute of limitations for pursuing a personal injury claim. Complete the Free Case Evaluation Form on this page to share details about your slip and fall at a restaurant.
*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 Tim Hortons, or any other party, you may not be entitled to any compensation.
