Daughter Injured at Fast Food Restaurant...
(Adrian, Michigan, USA)
My boyfriend and I took both of my daughters to a local fast food hamburger restaurant to eat and play on the play place. My 4 year old daughter slipped and fell inside the play place and busted her 2 front teeth through her bottom lip/chin area.
The manager working saw my daughter bleeding all over and told us not to leave until his report was filed which we did. He wanted to put on it that my daughter was fine. I asked him if he was insane and stated she has a nasty scar on her face from this injury. The manager also commented to us that it's not bad enough to sue the company.
What can I do about my daughter's injuries and this poor treatment by the manager? Is it to late to take legal action? Thank you.
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ANSWER for "Daughter Injured at Fast Food Restaurant...":
Patricia (Adrian, Michigan, USA):
It's certainly not too late to take legal action. The State of Michigan has a 2 year Statute of Limitations or time period within which to either settle a personal injury case, or file suit.
To effectively pursue a personal injury claim you must first put aside any personal feelings about the manager.
Instead take your daughter to her pediatrician or family doctor. Be sure the cut on her face is going to heal properly and without scarring. At or about the same time take your daughter to her dentist. If you are able to afford the cost of any dental work she might need, you would be well-advised to take care of her dental work now.
Make sure whatever dental or medical care she receives is documented by invoices or other detailed records.
Once your daughter's condition is stabilized and she is on her way to recovery send the manager a Certified Letter Return Receipt Requested. The letter should read something like this:
As you remember on November___, 2011 my daughter _________ (name) was injured on your restaurant's playground. She suffered two broken teeth and a laceration of her bottom lip and chin area.
I took my daughter to her dentist and pediatrician. Her dental and medical bills totaled $____.00 dollars.
(If applicable) There also exists the possibility my daughter may have suffered a scar to her lower lip and chin area.
Please turn this matter over to your insurance company at your earliest convenience. I would like to begin the process of compensation at the earliest possible time.
My desire is to take care of this matter amicably and expeditiously. In that regard if within two (2) weeks from your receipt of this letter I do not hear from either your insurance company or someone who has the authority to authorize compensation, I will have no alternative but to consider legal action.
You should be compensated for:
- The amount of your daughter's dental and medical bills.
- Some amount for your lost wages while talking your daughter to the dentist and medical doctor.
- A reasonable amount for out of pocket expenses such as prescription or over the counter meds.
- A reasonable amount for your daughter's pain and suffering.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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