I was in a restaurant in Florida and was going to the ladies room when I slipped on a wet floor and fell. I did not lose consciousness but was stunned. When I tried to sit up I was immediately dizzy and an ambulance was called.
I was nauseous so they started an IV to run zofran and took me to the hospital. At the hospital a CT scan was done. They indicated that there were serious contusions.
Two men at the restaurant gave my husband their cards and told him they had told the wait staff that the floor was wet and slippery (it was a tile floor) but nothing was done. They also told him that they thought I hit my head on a table before I hit the floor – I don’t recall.
It’s been 7 days since I fell. While I am slowly improving I’m still experiencing headaches and neck aches. I saw my primary care doctor 5 days after I fell. She said if I am still feeling this way in a week I should contact her.
My main concerns are the coverage of my medical expenses – those I have already incurred, and should there be any future expenses relating to the fall as well as lost time from work. I haven’t been able to work my regular schedule but have gone in for a few hours. I also feel that because the wait staff had been advised of the situation there should be some compensation.
I don’t know whether to proceed on my own or contact an attorney – which I really don’t want to do. Do you have any suggestions?
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.
Getting your medical bills paid right away, and confirming they will be paid into the future is not an easy task. Although possible, normally CAT scans do not show contusions.
You will have to go through a process. This starts by making a formal notification to the restaurant. Then you’ll have to wait for their insurance company to investigate the case to see if they are going to admit liability or deny it.
If they admit it the next step is to convince them to pay the medical bills you think are necessary, and not only the ones they believe are necessary.
If they deny liability you will have to decide whether to retain an Attorney. By that time a month or two may have already passed. Whether you contact an Attorney or not is up to you. We can lay out some of the pros and cons…
If you win your case you will have to pay your Attorney 33.3% or up to 40% of the total settlement amount.
You may have to wait a longer amount of time to receive a settlement or jury verdict in your favor.
If your Attorney convinces you the settlement offer is too low and you go to trial, there is always the chance you will lose. And if you lose you receive nothing.
The Attorney has the expertise to know the strengths and weaknesses of the case.
The Attorney knows whether a lawsuit should be filed or whether there can be a negotiated settlement.
Your Attorney has the all-important “leverage” when it comes to negotiating a settlement. (Leverage is basically when your Attornmey says “If you don’t agree to this amount I will file suit against your insured” and she means it.)
The threat of lawsuit has the strongest effect on insurance Claims Adjusters.
The Attorney will not charge you a cent while pursuing the case. If medical experts have to be hired, or your doctors have to be paid to testify, she will pay them.
You won’t have to pay a cent until and unless your case is settled; and if your Attorney loses the case you will owe her nothing, and will not be responsible for any of the costs associated with the lawsuit.
Attorneys traditionally are able to recover substantially higher amounts for their clients.
Learn more here: Restaurant Liability for Injuries
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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