Visitor Question

Injured at a Large Restaurant Chain…

Submitted By: Collin (Henderson, NV)

My wife, son, and I were sitting at a table/bench at a fast food restaurant. We were sitting side by side and my son was on a chair on the end. My wife decided to pass my son over to me to help him eat. In the process, the table tipped over and slammed us on the ground.

Fortunately, I was able to lift my son in the air to prevent him from falling. In doing so, I strained my arm and landed directly on my upper back and neck. My wife had minor bruising on her stomach and I went to urgent care for a strained neck/back/shoulder. The doctor gave me 3 days off of work.

It took 15 minutes for a manager to come over and all she brought was a blank piece of paper to write down our info. They didn’t even offer to replace the food that had fallen. All of this was captured on their security cameras. Our case has been given to their insurance claims adjuster.

My shoulder is still sore (3 days after) when I lift it, so I am considering physical therapy. As I have never been involved in an injury settlement case, I’m not sure how much to ask for in the settlement.

Any suggestions of where to start with the negotiations?

Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Collin,

Thankfully you were able to think fast and avoid injury to your son.

As far as you and your wife are concerned, the claim will proceed in the same fashion.

You will need to complete your treatment; If this means that you are not 100% at this point, you may need to seek physical therapy or other treatment in order to get better.

Once you have been released from your doctor, you will need to get your final billing statements from any and all of them.

The general rule of thumb is to take your medical bills and multiply them by approximately 4 as a starting point (i.e. medical bills are $2,500 so your beginning offer would be $10,000).

These settlements are RARELY accepted without a counter-offer. What this means is that the insurance adjuster will make another offer to you in hopes that you will settle for less.

Remember: Do not sign anything unless you have read it thoroughly, be cautious of recorded statements and do not settle this case until you have completed your treatment.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 4, 2010

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Visitor Questions

One thought on “Injured at a Large Restaurant Chain…

  1. When calculating the medical costs (to multiply by 4), do I use the amount I paid just out of pocket or the amount out of pocket plus what the insurance paid?

    For example: one bill of $200.
    $25 co-pay. + $175 covered by insurance.
    Do I use $200 or $25 toward the claim.

    Thanks for your help.

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