Should I file a lawsuit against this restaurant?

by Liz

My family went out to eat at a restaurant. My son climbed into the booth and cut his knee. The manager told us to go to the emergency room and have them call him. He would tell them where to send the medical bill because they would pay it. So we did.

My son had to have glass removed from his leg. Now, the cooperate office called me and told me that they will not pay my medical bill but will reimburse me for the co-pay and doctors fee. I called my insurance and they said that they will not pay it because the restaurant has to pay it.

I called the cooperation back and told them to call my insurance company's legal number, which my insurance gave me. Should I go ahead and start legal procedures and file a lawsuit against the restaurant's insurance company?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Should I file a lawsuit against this restaurant?":

Liz (Alabama):

It depends. The amount of your son’s medical bills, your out of pocket expenses such as bandages, ointments, etc. your son may have required, and the amount of money you may have lost from your job if you had to take time off to bring your son back and forth to the doctor, are all costs to be considered before taking legal action.

Another issue should be whether there is any chance the cut may result in permanent scarring.

There are times when we believe people can represent themselves and there are times when we think the advice and counsel of a personal injury attorney would be beneficial. This is one of those times when seeking the advice and consent of a personal injury attorney would be appropriate.

A good personal injury attorney will be able to review all the issues we discussed above, but will be able to do so in much greater detail. Once she investigates the case you will have a much better idea which course of action will be the most appropriate.

The personal injury attorney will in all likelihood not charge anything for an initial office consultation. We urge you to consult with one at the earliest possible time. Doing so should relieve your anxieties about the entire matter.

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,

Judge Calisi

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