Fell on Ice Outside a Restaurant...
I was at a restaurant and paid my bill but realized I didn't have enough for the tip, so I went out and got some cash. On the way back in I slipped on the ice right on the walkway and landed on my back. I felt okay so I still went inside and paid the tip (covered in snow). I have 3 witnesses that saw me fall.
I went back the next day because my cell phone fell out of my pocket when I fell and the waitress found it. All the staff there seem to know of my incident. It's now been three days since the fall and my back is all messed up. Also, every time I wake up I have a stabbing pain in my chest. What should I do?
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ANSWER for "Fell on Ice Outside a Restaurant...":
Jennifer (Wasilla, Alaska):
Seek medical care immediately. Go to your local medical clinic or emergency room at your local hospital. Before you can think about any type of personal injury claim against the restaurant you will first need verifiable and documented evidence of your injuries.
Because you are complaining of back injuries it is probable the doctors may order an MRI (Magnetic Resonance Imaging) examination. An MRI is most frequently used when patients complain of back injuries. An MRI can readily discern if you have suffered serious back injury, and if so what type of injuries you suffered.
The MRI may determine if your injuries are disk herniation or disk bulging. If so, you will have documented evidence of your injuries. Once you have the medical proof of your injuries you will be able to contact the restaurant and tell them you want to file a claim with their insurance company.
Because your injury was documented by restaurant employees you should not have too many problems pursuing your claim. Once you file a claim you will go through the process of claim investigation by the restaurant's insurance company. That is standard procedure and you should cooperate.
Finally, once the adjuster reviews the case she will probably make an offer of settlement, At that time it will be up to you to decide if the settlement offer is acceptable.
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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