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Personal Injury Claims in Restaurants

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If you are injured while dining at a restaurant, did you know you may be entitled to compensation for your damages? Examples of such injuries can include:

  • If you become ill from eating the restaurant’s food, you may be able to file a personal injury claim based on food poisoning.
  • If the restaurant’s floors are slippery and you fall and are injured, you may be able to sue the restaurant to cover your medical expenses.
  • If your property is damaged by a restaurant employee, you may have cause to file a personal injury lawsuit. An example of this might be if your waiter carelessly pours coffee on your laptop computer or if the restaurant’s employee knocks down your fence while delivering your catering order.
  • Restaurant Owners Responsibilities
    The owner of the restaurant cannot predict or prevent every possible injury to patrons, but they do have the responsibility to take basic steps to ensure patron safety, such as:

  • Providing and maintaining a safe entrance and exit to and from the restaurant;
  • Making sure patrons can safely go from the dining area to the restrooms and back;
  • Following Health Department regulations to safely store, handle, prepare and serve food and beverages;
  • Regularly inspecting restaurant equipment, from tables and chairs to glassware and utensils, to ensure it is in proper working order;
  • Keeping floors free of obstructions (like water, electrical cords or uneven surfaces) that might cause a patron to slip and fall;
  • Alerting patrons if anything in the restaurant poses a safety threat, so that patrons can take adequate steps to avoid injury (like posting a “wet floors” sign after mopping).
  • Personal injury claims come about when a restaurant owner fails to meet any of these basic responsibilities.

    What to Do If You are Injured in a Restaurant

    First, seek medical attention, and document your injuries and treatment. Take photographs of any injuries you receive as soon as possible and even during the healing process to support your claim of injury. You may even want to document weight loss you experience if you are unable to eat or keep food down for extended periods due to serious illnesses like salmonella poisoning.

    An attorney licensed to practice personal injury law can assist you in obtaining copies of your medical records related to the injury, including x-rays and your doctor’s notes on your condition. Be sure to keep records of all expenses you incurred as a result of your injury, like medical bills, but also keep track of lost wages from any times you were unable to work due to your injury.

    Your personal injury lawyer may also interview restaurant employees or other patrons who witnessed your injury, as well as take photographs of the restaurant to document anything that contributed to your injury.

    What Happens Next in My Personal Injury Claim?

    Your personal injury attorney will assess your claim based on the medical evidence, your expenses and his professional expertise. He will contact the restaurant with a suggested personal injury settlement amount. The restaurant may choose to pay immediately or negotiate the settlement amount with your attorney. Should the restaurant owner attempt to deny any responsibility for your injuries, your attorney may file suit against the restaurant on your behalf; in this case, a judge and/or jury may hear your case and award damages based on the evidence presented. No matter how your case is settled, a personal injury attorney is a strong advocate working on your behalf in fighting the restaurant to recover your damages and receive compensation for your injuries.

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    Finding Your Personal Injury Attorney

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    If you are injured and believe someone else is to blame, your first step should be to find the best possible personal injury attorney to represent your needs. Start by finding an attorney who is licensed to practice Personal Injury Law in your state. A quick Internet search will direct you to your state’s Bar Association, which licenses and monitors all attorneys. In most states a lawyer can receive accreditation as a “Personal Injury Lawyer,” so start by downloading a list of those attorneys in your area. Some attorneys may note specialties such as “Brain Injury Law,” for example. This may not refer to a State Bar licensing but ratheran area of experience or interest.

    Many people choose an attorney based on who has the funniest commercials or biggest billboards. Abundant advertising is not a guarantee of competent legal services and attention to your needs, just proof of a large advertising budget.

    Once you have a list from your State Bar’s website of attorneys in your area that are licensed to practice Personal Injury Law, you may be overwhelmed. Typically, large cities have plenty of personal injury attorneys. Start narrowing down the list by contacting firms who can meet with you in person for a free initial consultation within the next few weeks. If an attorney wants to charge a fee to hear your story, consider contacting someone else. If you’re injured, you probably cannot afford to wait two months for an initial consultation.

    Seek recommendations for a personal injury lawyer from personal friends or family members. Consider the source of the feedback, though. If your uncle didn’t like his attorney, how meaningful is that if your uncle never likes anyone?

    Next, review the attorneys’ websites. Pay particular attention to attorneys’ biographical information. Did they attend a well-respected law school? How long have they been practicing Personal Injury Law? Try internet searches to find comments from past clients about the attorneys, although keep these in perspective: one irate client may not tell the whole story as he rants on and on in a social media posting, while ten satisfied clients of the same attorney may never think to post their praise online. If nothing else, comments from people you don’t know about an attorney can help you with specific questions to ask during your initial consultation.

    Once you narrow your list down to five or less attorneys, schedule your consultation appointments. Be prepared for these interviews. Write down in advance questions you want to ask; take notes during the interview on the attorney’s responses. If you take any documents with you, like doctor’s reports or photos of the accident scene, be sure to leave your originals at home and take only copies. Questions to ask your personal injury attorney can include:

    • What types of cases has the attorney previously handled (wrongful death, nursing home negligence, medical malpractice, food safety violations, etc.)?
    • How many cases has this attorney represented?
    • What were the case outcomes?
    • What was the compensation amounts for similar personal injury cases?
    • Who would work with you, the attorney in your interview or someone else in the firm?
    • How many paralegals will work on your case?
    • What is the attorney’s fee?
    • Did the attorney seem to value you and your time?

    Try to meet anyone in the firm that would be part of the legal team representing you and tour the office. It is also important to  ask for references from past clients.

    Once your interviews are complete, make a list of “pros and cons” for each lawyer. Be sure to note whether you liked the attorney and whether they seemed trustworthy. You will potentially spend a good team of time with your personal injury attorney, and you need to feel comfortable with this person. After making the right preparations and asking the right questions, you can select your personal injury attorney with confidence.

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    Questions to Ask Your Michigan Personal Injury Lawyer

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    If you suffer a serious injury in Michigan, you may wonder where to start. Well, first off, you need to get better. Then you need to consult with an experienced Michigan personal injury lawyer. Where do you start when hiring an experienced lawyer? You consult with a good number of them, from 5-10, and then start asking some questions. Now let’s go over what questions you should ask any personal injury lawyer when hurt in a Michigan accident.

    What is your background?

    This is a basic question to get you started going over the experience of the lawyer. You want to know his or her education, how many cases have been handled, how long the lawyer has practiced law, how many personal injury cases are taken each year, just to get an idea of the lawyers history. This gives you a good idea of how professional they are, how successful, and how they can help you.

    What is your court room experience?
    Court room experience is always crucial in personal injury cases. True, most personal injury cases end far before court, but you have to be ready to go to court. And an experienced lawyer will be ready. You want to know more than how many cases have been handled: you might also ask how many cases have been won and what kind of deals were made. Also, negotiating experience is important, and will be crucial in getting your case over with before court even occurs. A good negotiator can come up with a settlement so you have no delays in court and can move on.

    What is your approach to court room law?
    All lawyers have a certain philosophy when it comes to negotiating in and out of court. You want to find this style and see if it’s applicable to your case. You might find out a lawyer is fairly aggressive, or easy to negotiate with, or is a hard sell and wants to go to court to maximize damages. These all have advantages and disadvantages. The only thing that is important is that you win.

    Do you have time to spend on this case?
    You obviously do not want a lawyer with no experience, but neither do you want a lawyer who has dozens of ongoing cases and barely any time to get started. If a lawyer is overbooked, keep looking. You can often tell in your first meeting. Their schedule is full and they seem overworked. If they have no time to spend on your case, or want to refer it to an assistant, remember there are other lawyers capable of handling your case.

    What are your fees?
    Money is the bottom line. However, you will find many experienced Michigan personal injury lawyers willing to work on the “no win, no fee” philosophy, where nothing is paid if you lose. If you go to court and fail to gain a settlement, you pay nothing to the lawyer. On the other hand, if you negotiate and win, or win in court, you will have to pay a percentage of the fee to the lawyer. You can also pay on hourly or a flat fee, but the “no win, no fee” philosophy is much better.

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    How to Handle an Insurer During a Personal Injury

    If you’ve watched enough movies in your time, you’ve seen stories where insurers are these evil entities trying to make lots of money. Well, they are trying to make money, but they are not always doing so by breaking the law. On the other hand, you have to be careful when you are dealing with an insurer. This how-to post will help you successfully work with an insurer after a personal injury.

    What is your injury?
    You have to understand what happened to you. That means not rushing this process. You should know the full extent of your injuries, and that takes time. You may have to wait as long as  a year to know the full extent of an injury caused by a car accident, for example. You might not know about another broken bone until the doctor finds it. You may be unaware of emotional trauma until months after the accident. So give this process time.

    How much will it cost?
    You should also know about all the costs for your injury. If an insurer refuses to pay for your medical expenses, it’s time to start proving fault. But before we get into that, the value of your personal injury claim depends on numerous factors, namely what happened, how bad the injury is, and how your current state is. The more emotional trauma you have, the more compensation. The more damaging the injury, the more compensation. And the more pain and suffering you go through, the more compensation.

    Who’s at fault?

    In a personal injury claim, to get the process started you have to notify the party at fault prior to making a claim. So you make sure the insurer knows you have been injured and will require compensation. Depending on what happened, fault is not always clear and may require some legal help. Police reports are the final word, but in court witnesses to the accident can also be called. These things can get quite complex, but often fault is obvious and proving it is a formality.

    Who can help?
    A lawyer can help. Hiring a personal injury lawyer is a big decision. You need someone with personal injury law experience, as this is no time to use a family lawyer. You need someone who you can afford, of course. You need someone with in court experience. You should hire someone who you can also communicate well with; if you can’t communicate with them, the case may fall through.

    Personal injury cases need not be like walking through a mine field. If you have no idea of what occurs, your lawyer is your guidepost. Rarely if you have a clear case will the suit even go to court; the insurer will settle.



    6 Rules When Hiring a Personal Injury Lawyer

    Personal injury lawsuits can seem like a bitter pill when you have to fill out boxes of paperwork, sit in court, and try to negotiate. They can be much easier if you hire the right personal injury lawyer. This guide can help you do just that.

    Look for Multiple Lawyers
    Instead of just choosing the first one you find – or the cheapest one you find – why not look for multiple lawyers? You have far more options than the referral you got. You may look online. You might find one at the local state bar. You may have some connections. Try to connect with at least 4-5 lawyers before hiring one.

    Pay Nothing Down
    When you hire a lawyer, hire one for the “no win, no fee” philosophy, which means you only pay if you win. If you settle your lawsuit out of court – 8 out of 10 do – you may pay 25% of the settlement to your lawyer. If you go to court and win, you may pay more like 35%. If you lose, you pay nothing.

    Hire a Specialist

    Hire someone who specializes in personal injury law – not the friend, or the family member, or the one who promises winning. There are DUI lawyers, bankruptcy lawyers, immigration lawyers, and a variety of others, but you need a good personal injury lawyer. You need someone who has relevant in court experience.

    Hire a Winner
    You want someone with court room experience. It can be hard to differentiate from lawyers until you look at their records. The more court room experience they have, the better. You want someone capable of winning, of course, and in order to get that you need to be critical in who you hire.

    Communicator

    You should be able to communicate well with your lawyer. This is critical part of the process. Why? Some personal injury lawsuits drag on for years. First, the injury occurs, and you typically wait 6 months to a year to get better before filing any claim. Then you file a claim and want, and if you’re denied you have to hire a lawyer, file a lawsuit, and perhaps go to court. This entire process can seem to drag on. If you can hire an experienced lawyer you can communicate well with, you stand to save yourself a lot of headaches. And if you hire one you simply cannot communicate well with, you may consider firing him or her.

    Should you fire your lawyer?
    Finally, you may consider firing your lawyer on some occasions. Usually you can weed out the bad ones in the hiring process, but not always. There is no rule saying you have to keep on a lawyer you do not like. You can always get a new lawyer. You do have to pay any fees up to that point, so find out as early as possible.



    What Are the Most Common Personal Injury Lawsuits?

    Personal injury occurs far more often than many of us think. It’s unfortunate, but a fact of life. Sometimes people are hurt. Sometimes someone dies. Sometimes the injuries are so severe the medical expense is great. What happens next? In order to get proper compensation, it is necessary to hire an experienced personal injury lawyer. It’s his or her job to fight for your rights in court. But what kind of cases are we really talking about? This guide goes over some of the more common personal injury lawsuits.

    Car Accident Law
    With tens of thousands of accidents occurring across the country on a monthly basis, it’s no wonder the majority of personal injury cases are related to car accidents. Sometimes a semi driver driving a company car makes a mistake. Sometimes someone has been drinking too much. Sometimes a simple mistake leads to great injury if not a death. Personal injury lawyers often take on car accident cases when insurers start to give trouble about paying proper damages.

    Hurt On The Job
    Worker’s compensation usually covers these injuries. If you suffer an injury on the job, most often your employer will have some form of insurance to help. There are cases where you may get no help. If you made a mistake because you were intoxicated, you might be denied help. If you’re an independent contractor working off-site, you may not qualify. Sometimes a worker deserving of help does not get his or her proper benefits. In this situation, you can hire an experienced personal injury lawyer.

    Medical Malpractice
    Doctors do make mistakes, and this is another common form of personal injury. When medical malpractice occurs, it’s important to know your rights. Every year, hundreds of patients win large personal injury settlements because they were given the wrong operation, or a clear mistake was made such as giving them the wrong medicine. In these cases, you need someone to fight for your rights, and that is quite often a personal injury lawyer.

    Product Defects
    While there are many other common forms of personal injury claims, such as tripping or falling, the final one we’ll be going over relates to product defects. While not the most common personal injury, there are literally thousands who go to court because their child was hurt by a defective toy, or their spouse was hurt while operating a device, or they themselves suffered injury because of a defect.

    Winning a Personal Injury Claim
    To close, if you are unsure as to how to get started with your personal injury claim, it’s time to consult with a lawyer. You may think your claim is weak, when in fact you stand to get much more money than you thought. You always have a chance to win. The greater you or your loved one’s injury, the more compensation you deserve. Proving you deserve money is the hard part. Hire a lawyer today to get help winning your claim.



    Find Out if You’re Eligible for Worker’s Compensation

    When you are injured at work, rarely do you have time to think about how you can pay. You likely want to focus on your injury, on getting better. On the other hand, as early as you can, look into your coverage. For some this will be a must. Medical bills are, for logical reasons, one of the leading causes of bankruptcy. You can avoid that. Typically either your employer or your employer’s insurer will cover your work related injuries, if the injuries are work related. You are allowed to make mistakes, but if alcohol or drugs are involved, you may lose the compensation. There are some basic requirements to be eligible for worker’s compensation.

    First, your employer must have worker’s compensation insurance. Some companies will cover their own workers, such as Fortune 500 companies. Second, you must work for this company where you were hurt. Finally, the injury must have occurred while you were working. As noted, if alcohol or drugs were involved, you also risk losing the help. Let’s go over these requirements in more detail.

    Employer’s Coverage

    There are some diverging laws here which make this complex legally to speak about. Why? All state laws are different when it comes to worker’s compensation, but most have similar systems. Some states make it mandatory for anyone who employs workers to provide these benefits. Other states set a different minimum, such as having 3 employees makes it mandatory to have benefits. Some states allow charities to opt out, so if you work for a charity, you may not be covered. Even if your company is not required to have worker’s compensation, quite often they do so. Most employers will have some form of worker’s compensation. It’s just good business.

    You Must be an Employee
    This may sound simpler than it is. You may think you’re an employee and are in fact not a regular employee. There are many independent contractors who lack any kind of worker’s compensation benefits. You may be a carpenter, or a writer, or even a computer tech, but not directly hired by the company who pays you. If you get hurt on the job, and are considered an independent contractor, you likely have no coverage. There are also some divergent laws on volunteers. Volunteers are technically not employees,and are usually not covered, but here again state laws can differ.

    The Work Related Injury
    The injury does not necessarily have to have occurred on-site, of course, as you could be working for your employer anywhere and get hurt. Construction workers are a perfect example. Other injuries can occur in the office too. You may suffer a hand injury in a job which involves a lot of typing. You may trip on something in the workplace, and break a leg. If you are doing something on the job, something which benefits your employer, you are then covered. On the other hand, if you are injured leaving work, or while playing pickup basketball at a company party, these are different.

    If you have suffered an injury, and you are being denied help, you may consider getting legal representation. A personal injury lawyer can often work on a “no win, no fee” philosophy, so you have nothing to lose. As medical bills can reach tens of thousands, this is an important option.



    Getting the Right Personal Injury Lawyer

    Paramount to any personal injury settlement is getting the right representation, a lawyer capable of helping you get proper compensation for your injury. You likely have more questions than answers at the beginning. That makes it important to getting a personal injury lawyer capable of answering all of them. This guide shows you how to hire the right lawyer.

    Where do you find a lawyer?
    You might visit your local state bar looking for a lawyer. If you’re in Georgia, you go to the Georgia State Bar, which has a website. If you have a family lawyer, you may ask for some referrals to experienced personal injury lawyers. You can always look online at sites and reference points. Many lawyers have sites and blogs like this one to help those interested in getting help. You can find out a lot about a lawyer’s experience by a site. You should always make more than one or two visits and/or phone calls. You should consult with several experienced lawyers. Make it a goal to not settle on the first or the cheapest. You can find a good one you can afford.

    How much experience should your lawyer have?
    Well, experience does vary, but you definitely want a lawyer who specializes in personal injury cases. You might even try to find a lawyer who has relevant experience. If you are suffering from a work related injury, you may be able to find a lawyer with experience there. If you suffered a car accident injury, you may get a lawyer with more experience in accident law. If you are dealing with a tough insurance company, you can find a lawyer capable of winning a major lawsuit. You have many options.

    How much do you pay?

    This depends on the lawyer and your case. Generally, you want a lawyer capable of winning, but also a lawyer who thinks you have a chance of winning. You should be able to get a lawyer willing to take his or her fee only if you win a settlement. This is called the “no win, no fee” philosophy, where if you lose  you get nothing but your lawyer also gets nothing. If you do win, or reach a settlement, your lawyer should take from 25-35% of the money. If you settle, it should be about 25%. But if your lawyer has to take this to court, that takes more time, and the final fee will be closer to 35%.

    What to do you gain?
    This too depends on your lawyer and your case. It depends on the nature of your injury. It depends on how much the insurer is willing to pay. You should get all medical costs covered. If you missed work, or lost your job, you should be compensated for that. If you suffer major pain and suffering, such as trauma from a car accident, this increases your compensation greatly.

    If You Have Questions

    If you have questions, that is what your personal injury lawyer is for. You can also look online and ask others with experience. The important thing is to take that big first step: hiring the right legal representation. If a lawyer is willing to take on your case for the “no win, no fee” philosophy, you likely have a winner.



    Hiring a New York Personal Injury Lawyer

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    If you have a difficult New York personal injury claim, you may wonder where to begin. Well, first off you should focus on getting better. On the other hand, if you’re facing extreme debts and an insurer being difficult, you or a loved one may inquire about getting legal help. In the state of New York, you have many options, but often just as many questions. This guide will help you find the right New York personal injury lawyer.

    Where do you look?
    The New York State Bar Association is a good place to start, as is online, and sometimes via referrals from your family lawyer. The Bar is found at http://www.nysba.org/, with much useful information on getting legal help in pretty much any field. If you want a lawyer who specializes in injury law, looking online beyond the bar is also a good choice. Many experienced personal injury lawyers have web sites, if not a blog and articles, explaining how they can help. If you have little access to the internet, you might ask for a referral. If you have a family lawyer, he or she might refer you to an experienced lawyer.

    How much do you pay?

    Typically you want to pay what’s called a contingency fee, the “no win, no fee” philosophy where if you lose the case, you pay nothing. But if you win, you will have to pay a fee of the settlement to  your lawyer. 8 out of 10 personal injury claims do not go to court, being settled beforehand. If you settle, you typically pay your lawyer less. If you go to court, his or her fee usually goes up some percentages. If you settle out of court, you can expect to pay about 25% of the compensation to your lawyer, sometimes more and sometimes less. If you have to go to court, you’re paying closer to 35%. You should be able to find a lawyer willing to work on a contingency fee, but some may prefer an hourly fee. If you have to pay out of pocket, be sure you can win this claim. If no lawyer is willing to take your case, it may not be a winner.

    How much experience?

    You want a lawyer who first of all specializes in personal injury law. So if you have a family lawyer or friend who handles occasional work, you may prefer to hire someone with more experience. Of course, all lawyers have legal degrees, but someone who has dealt with insurers before, who knows how to negotiate, and who can handle a court room if need be, is quite valuable.

    What if your lawyer fails?
    If you ever reconsider your choice of lawyer, you can fire him or her and only pay any costs up to that point. Sometimes you simply hire someone who you cannot communicate with well, or who takes on too many cases. There is no law saying you must keep this lawyer, only pay the fees up to that point. If, on the other hand, you lose in court, there is always the appeals process, where a good lawyer is invaluable.

    How To Get Started
    To get started, start searching online for reputable lawyers. Some of them will post free articles on personal injury law, simply to showcase their experience. If you are unable to search yourself, you may ask a loved one to help. The important thing, first, is to get better. But then you also want to be protected financially.

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    Low Offer, High Offer, or Court – Answers on Personal Injury Law

    You may be at a crossroads in your life. If you or a loved one has suffered a serious injury, greatly affecting your life, you may wonder what your options are. You deserve compensation, but how do you get it? The initial steps in filing a personal injury claim is seeing if you truly have a case, finding out if the injury is severe enough for compensation, and then finding proper representation.

    Who should you hire to help?
    Are you a personal injury lawyer? If you aren’t, you need representation. Not necessarily the family friend or the one who has a legal degree: you should hire an experienced lawyer who specializes in personal injury law. If you do that, you are in good hands. How do you choose one? It’s not the end of the world to get the wrong one on the first try, but generally you want to consult with several, look over fees, and see who is willing to work at a fair rate. If you can get a lawyer who is willing to work on the “no win, no fee” philosophy, that is your best option.

    What if you get a low offer?
    You get a lawyer. That means you’re serious. So what’s next? Before this, you will have filed a claim with the insurer. If they rejected your claim for help, which does happen, getting a lawyer indeed shows you intend to seriously pursue this. You may then get some offers before you even file with the court. If liability is clear, the insurer will want to settle early. They may give you what you think is a high offer, but find it’s not enough to cover expenses after medical costs, like lost wages. It’s not uncommon to get a low offer to start, and to then get a better one. So make no decisions until you negotiate, as you can always go back to the initial offer.

    What if you get a high offer?

    What really is a high compensation offer? This all depends on the nature of your injury. The greater the value of the claim, the more important a lawyer is. You may, again, think an offer is rather high, and it may be, but the question may be why they are offering this. Insurers do not want to go to court. If you can settle before court, on the other hand, that saves you legal fees too.

    Should you go to court?

    You should go to court if your lawyer advises you to do so. Make no decisions alone. And don’t be afraid to fight for more money; if the evidence is clearly on your side, you stand to get compensated for any physical and emotional problems, along with other points such as lost wages.

    How much can you get?
    Valuing a personal injury claim is never easy. You should factor in any expenses you incurred, such as medical and damages. You should factor in lost wages, no matter if you missed days or months. You should factor in your emotional trauma, any lasting effects you have, because this can greatly increase your compensation. The worse the injury, the more liability is clear, and the sooner you get representation, the higher the offer should be.



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