Slip and Fall in McDonald's...
I was in McDonald’s one night ordering my meal. While the cook was making my meal I was going to go to the bathroom. I turned around made a step and fell. I caught myself with my hands and jumped up and looked around, embarrassed.
Someone must have moped while I was standing in line for my order, but there was no wet floor sign up. Another lady came over to help me and told me to sit down for a minute. I was hurting but I really had to go to the bathroom, so I went.
When I finished with the bathroom, I saw a wet floor sign up. Also the manager was there to interview me about the fall. He was really nice and asked some basic questions. He then told me to go to the doctor if I needed to go.
My lower back was hurting, but I was thinking it would go away. By 4 days later, the pain had not gone away, so I called McDonalds about going to the doctor. The manager at McDonald's told me to go to the ER, which I did. The ER doctor did not do anything, no x-ray, nothing, but order me some muscle relaxers. I decided to go to the Chiropractor; I knew they would take some x-rays.
My back had a silver dollar size area where it continues to hurt. I ended up missing work on some days and had to go to work in pain on other days. Also, my left palm / hand have been hurting and tingling quite a bit since the fall. I did have an MRI, but it did not show any irregularity.
It has been almost a year and I continue to have pain in certain locations of my back and in my left hand. I have trouble sitting, standing, walking, driving, etc. at times. Many activities I was able to perform before the fall causes pain when I do them now. Due to my profession, I have to lift and I write a lot and have not been able to work up to my expectations.
The first McDonald's representative would not talk to me or my doctor's office. I had to stop treatment due to losing my insurance and no way to pay for the treatment. I eventually lost my job in my belief for not being able to perform my duties r/t the pain.
A McDonald’s representative did obtain my medical information, video, and bills and wants “to settle”. He asked me how much money I want in order to settle this slip and fall. He wanted me to give him a number. I don’t know what to ask for because I have no idea what he had in mind. He said it depends on the medical expenses, lost wages, etc. I know the medical expenses and lost wages is approx. $7000.00.
How do I know how much to say, when I don’t know what number he is thinking? How much should I ask for? What should I do?
Thanks in advance!
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ANSWER for "Slip and Fall in McDonald's...":
Well, it sounds as though you have a legitimate claim and have gone to the medical doctor to substantiate your injury which is an excellent start. If you are still experiencing pain, it may not be a good idea to settle.
Typically, clients should not settle until after they have finished treatment and get a release from their doctor. Otherwise, there may be unforeseen injuries after-the-fact, yet a settlement bars any additional recovery.
Assuming you have completed your treatment, a well drafted Demand Letter will articulate your your medical expenses and will multiply that number by a baseline of three in most cases.
For example, if you have incurred $7,000.00 in medical expenses, most lawyers might begin with $21,000.00 and add your lost wages to that. Most importantly, do not settle if you still feel pain and do not agree to any terms without having them reviewed, possibly by someone experienced with settling cases.
Since laws change frequently, and across jurisdictions, you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a free personal case review here.
Best of luck,