If you fall in a restaurant, the first thing you should do is call 911 for medical help. Falls can be serious, even if they appear minor at first. You can ask a server or manager to make the call, or you or someone you’re dining with can connect with a dispatcher. If you don’t think you need emergency medical care, you can decline. However, whether you accept immediate treatment or not, get a written copy of the incident report from the restaurant.
You can speak to the restaurant’s manager or owner and ask them for the document. You should keep the conversation brief and stick to the incident’s facts. Do not give too many details about how you feel physically or say anything that could give the impression you caused or contributed to your fall. You can also document the scene with photos and video footage and gather witnesses’ contact information if available. You can also consult a Fort Lauderdale slip and fall injury attorney who can advise you of legal action you can take to recover your damages.
Why Getting Prompt Medical Help Can Protect Your Health and Your Case
You should go to a doctor promptly after the accident so they can examine you and advise you on your health status. Falls can be serious, even if they appear minor at first. It can take several days or weeks for complications to appear. Getting an examination from a doctor right away ensures you know your health status and that you treat your injury properly. It also establishes proof that your injury is directly related to the fall. This documentation can support your compensation case.
Finish All Prescribed Medical Treatment After Suffering a Fall
If a medical professional prescribes treatment after a fall, you should follow it and complete it so that you can achieve maximum medical improvement (MMI). You should take all medicines, observe all rest periods, and follow up so they can monitor your progress.
You should keep all billing statements, receipts, invoices, and other documents that show the medical services you received and how much they cost.
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What Personal Injury Damages Can You Recover After Falling in a Restaurant?
The recoverable damages for fair compensation in your case will depend on the severity of your injury and how long you will need to heal. Common economic and non-economic damages in a restaurant slip and fall accident include:
- Medical care expenses (past, current, and future)
- Rehabilitation therapy costs (e.g., physical therapy)
- Pain and suffering (physical and mental)
- Lost income and lost or reduced earning capacity
- Mental and emotional distress
- Impaired quality of life
- Loss of consortium
- Loss of companionship
- Loss of enjoyment of life
Wrongful Death Damages
If your loved one suffered fatal injuries after falling in a restaurant, you might be able to file a wrongful death lawsuit and recover damages such as the medical bills for your relative’s injury, lost household income, and funeral and burial expenses.
Can You Sue a Restaurant After a Fall?
Yes, you can sue a restaurant for a fall, but you must prove how the establishment acted negligently and that its negligence caused the accident. This is not always as clear-cut as it sounds. Premises liability cases can be complex and involve multiple parties and other issues. Hiring an attorney who handles these cases can make the legal process manageable, especially if you are recovering in the hospital or at home.
How a Personal Injury Lawyer Can Build Your Case After a Fall in a Restaurant
An attorney with a personal injury law firm can develop a legal strategy that addresses the specific details and circumstances of your slip and fall accident and take care of all the following:
- Investigate the accident and gather important information, including how it happened and who’s responsible
- Prove that the restaurant’s actions or inactions caused your fall
- Gather evidence to determine liable parties and how they demonstrated negligence in your fall injury case
- Identify your damages and assess their monetary value
- Handle all case paperwork and communications with all parties, including insurance companies
- Lead settlement negotiations for financial compensation that covers your injuries and damages
- File your injury lawsuit with the civil court if your lawyer cannot settle your case
- Represent you at trial and fight for your financial recovery
- Update you on your restaurant slip and fall injury case and answer your questions and concerns
Evidence you will need to prove a slip and fall injury includes:
- A police report or incident report
- Medical records, doctor’s notes
- Eyewitness statements
- Expert witness testimony
- Photographs and video surveillance footage
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Act Now Before Florida’s Filing Deadline Expires in Your Restaurant Fall Case
An attorney will know what evidence you will need to make your case and how to prove a restaurant’s negligence caused your fall. They also will keep your case on schedule and file it by your state’s statute of limitations deadline.
In Florida, this deadline is generally two years, whether parties file a personal injury case or wrongful death action, per Florida Statutes § 95.11. If this deadline expires, the court could bar you from moving forward from seeking financial recovery.
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Chalik & Chalik Injury Lawyers Can Lead Your Restaurant Fall Case
When you go out to eat, you expect a good meal and a great time. What you don’t expect is suffering an injurious fall. Falls can happen for any reason while dining out. Maybe there was a spill on the floor, or the walkway was slippery from grease buildup or cleaning residue.
Whatever the reason, you need to know what to do after suffering a fall and what happens if you take legal action against an establishment. You can explore your legal options for financial recovery with an attorney from Chalik & Chalik Injury Lawyers today. Call us for a free initial consultation. We accept cases on a contingency fee basis, so we charge no upfront fees to represent you and get paid only if you win your case.
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