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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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    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.



    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.



    Negotiating a Personal Injury Settlement

    Since 8 out of 10 personal injury cases are settled before anyone sets foot in a court room, you may wonder about the “secrets” to closing a close before it has to go to court. But is going to court that bad? It depends. You might get more, but you might spend more on your lawyer. And a lawyer is the first step in correctly negotiating a personal injury case.

    Should you file a lawsuit?
    Do not file a lawsuit without a lawyer. The first real step is sending a letter explaining your injuries to the adjuster in the case. This is far more important than you might think. If you claim an injury of less value than it ends up being, you make it harder to get a quick settlement. If the adjuster sets a low number for the case, that is very hard to change. If you make clear your injuries, which can be difficult without a doctors help, you may get your full compensation.

    Negotiating with the Adjuster
    What happens if the adjuster sets your reserve too low, or too high? It can be almost a mind game. You should consider consulting with a personal injury lawyer if negotiations are tough. You can make clear your injury beforehand, but be sure you know exactly what has occurred. With a doctor’s guidance, you can do so. Right after any accident, even your doctor won’t know the full extent of your injuries. This is why personal injury cases can sometimes drag on; until you know the full physical and psychological issues, you cannot make a complete claim. On the other hand, you can keep your adjuster abreast of what is happening to better help you in later negotiations.

    Consulting with a Lawyer

    Make no decisions without a lawyer. This can be hard; will you really need a lawyer? Some lawyers may advise you to only submit your claim when you know the full extent. It all depends on your situation; few cases are exactly alike. Therefore, if there is some uncertainty with any decision, consult with an experienced personal injury lawyer. It’s his/her job to help you make decisions.

    What if they pay?
    If the insurer covers everything – it happens all the time – you can focus on recovery. If the insurer decides to set your claim lower, you may have to file a lawsuit. Once again, the majority of the time you will not have to set foot in a court room; you can settle beforehand, saving everyone legal fees. However, your trump card is the willingness to go to court. You may get a low settlement offer, reject it, then get a higher one. You may be able to prove more in court, such as with pain and suffering issues, and double the value of the claim. In any case, you need a lawyer to help make this decision, so hire one you can work with over a long period and who specializes in personal injury law.



    6 Points on Dealing with an Insurance Company

    How much is your personal injury claim worth? It depends on what happened, the company you deal with, and on who you hire to represent you. It depends on if you settle out of court or go to court. It depends on fault, too, among many other points. Dealing with an insurance company, which may sometimes be simple and other times difficult, requires some skill. This blog guide points you in the right direction.

    Know Your Full Injury
    Before you take any legal steps, it’s time to get better, to focus on your physical and psychological health. If it appears you, or your spouse, will have a long recovery process, it’s time to find out what compensation you can get and how soon.

    Hire an Experienced Lawyer
    If you are just trying to get better, it can be difficult to find an experienced lawyer. Where do you find one? Online, at your local state bar, or based on recommendations. Generally online is easiest, as you can go the state bar of your state, find a lawyer, go over his or her experience, and make a quick phone call. A lawyer is invaluable no matter if you’re stuck in bed or trying to handle your health. It’s your lawyer’s job to ensure you get proper compensation from the insurance company.

    Notify
    You want to be sure to notify the party at fault that you have been hurt and will file a claim. This may seem minor – letting them know you are injured – but if you fail to make contact, and then file a claim, you may run into some problems.

    Who’s At Fault?
    Evidence, such as witnesses, experts on this type of problem, and a police report are often the deciding factors in personal injury claims. If your lawyer can prove to the insurer you were clearly not at fault, you should get a nice offer. If not, your lawyer can prove fault in court and potentially get even more compensation. Most often, you notify, find evidence, prove who is at fault, and settle. If the insurer becomes difficult, you have legal rights.

    What is your claim worth?
    This is an open ended question, as there is no immediate answer. Much like no two accidents are exactly alike, no two personal injury claims will have the exact same compensation for certain injuries. However, you can expect, if you get an experienced lawyer and fault is clear, to be compensated for points like lost wages, medical bills, and any property damage. If you go through much pain and suffering, this can greatly increase your claim.

    The Demand Letter

    Once you figure out a fair number for your claim, you submit a demand letter to the insurer of the person at fault. Decisions will be made, you’ll often be negotiating, and quite often you will get fair compensation.

    The Ending
    How does this end? Well, the final point is that compensation is your legal right. The ending should be one where you are not in severe pain or going through financial turmoil because you cannot work. With the right game plan, the ending can be a good one.



    Take Action Today with a Personal Injury Lawsuit

    Should you get compensation for your injury, or is it too minor to file a lawsuit for? Should you make this decision alone, or should you consult with a lawyer? How long should you wait to take action with a personal injury lawsuit after you or a loved one suffers an injury? These are some very common –
    and important – questions. This blog guide will help with legal concerns and give you some action steps.

    When is your injury minor?
    If you suffer a minor injury which does not affect your life greatly – say a sprained ankle or bruise – you may not want to file a lawsuit. This is a judgment call to make with an experienced lawyer. And be sure you give your doctor time to go over your injury, looking for other possible problems. As a rule of thumb, if an injury will affect your life for longer than a few days, say weeks or months if not longer, you should think about filing for compensation.

    What if the insurer refuses to pay?

    If the insurer is being difficult, it’s time to exercise your rights to a lawsuit. You can negotiate on your own, but if an insurer or the entity responsible is not being forthright in giving you proper help, take some action. You can consult with a lawyer. You can research online. You can look into your legal rights. If you are incapable of doing these things, if you cannot make decisions, it’s time to get help from others – such as family and a lawyer.

    How to Make The Decision

    The best person to consult with when you want to take action because of a personal injury is a lawyer. Family help is important too. Make no decision without consulting with others, even if it seems to be a a minor issue. If you believe your injury will affect you for longer than a few days, it’s time to get help in making the decision. While discussing the situation with family is good, you also need to consult with a lawyer.

    Strategy for a Lawsuit
    How much do you stand to get? What if you were partially at fault? How much will this lawsuit cost you? There are many questions when it comes to filing a lawsuit. Lucky for us, there are also some strategies for winning. Yes, a lawyer is crucial, but you should research the issue yourself too. You might estimate how much work pay you will lose as a result of the injury. You might consult the police report. You might look into lawyer fees. You could try and see what other lawsuits of this type have been settled for.

    Who can help?
    A personal injury lawyer is too expensive, right? Actually, you should hire an experienced lawyer who will be paid only if you win. If you lose, he or she gets nothing. If you win, your lawyer gets a portion of the settlement. Make no key decisions alone. Sign nothing without consulting with a lawyer. Even verbal agreements can be used against. Protect your rights – and get proper compensation – by working with an experienced lawyer.



    Taxes on Personal Injury Settlements

    Will you be taxed for compensation you get from a personal injury lawsuit? Well, there are many ways to look at this issue – and the best may be to consult with an accountant and lawyer – but this guide will give you a general breakdown of what to expect.

    First, not all settlements will be taxable, but some can be. This depends on how the settlement is reached, and what language is used in the final documents. If you do not address why you are getting this compensation, for example, you may face some tax problems. It’s smart to include why you are getting this compensation, but even then you should expect to pay some of your money to the government.

    One common way the government takes money – whether it seems fair or not – is that of lost wages. Think logically here: if you make $50,000 a year, and taxes take $8,000 a year, but can no longer work this job for some time, you get compensation. More to the point, if you worked, those wages would have been taxes; if you are compensated for lost wages, you will have to pay taxes on that, just like you really had the job. See how that works? You are paying what you would normally pay, and there is little way around that.

    If you suffer severe injuries, and you get a huge medical bill, and this bill is covered with your compensation, that money is almost always not taxable. Also, if your car is damaged, and you are compensated for that, that money is not taxable. Money you get to cover injury and damages, to your body and to your property, is rarely if ever taxable. This makes sense, as this money is not going into your pocket like wages.

    If you suffer mental injuries, you are now in a difficult position. By some rulings, you may have to pay taxes on compensation for psychological injuries. If you go through a manic depression, or cannot sleep, or go through some other mental illness, you might think the compensation should not be taxable. However, it can be, and often is. This depends on the language used in the settlement. And it also depends on the type of legal representation you get.

    There are some differences between money you get from a settlement and compensation you get from a ruling. A judge may use the necessary language in the final ruling – where you get your compensation – on what this compensation is paying for. He or she may have an affect on how taxes are done. On the other hand, settlements can be different, and the language needs to be correct in order to solve the tax issue.

    Yes, these things do get complicated. Should you always pay taxes? Is it right? We could be here for days, as this is an issue in many personal injury lawsuits. You should expect to pay some taxes on compensation, but usually the most important money will reach you, not the government.



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