AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question My son cut his eye on a chair at mcdonalds he was walking and turned his head at the side of the chair had a sharp edge and he cut his eye it started bleeding and he couldnt see for a minute he fell and had a big bump on his forehead he is only three, he has a big gash on his eye and he has frequent headaches, he cant lay on that side of the eye and he does not act the same anymore, now we have contacted a personal injury lawyer do we have a case?
Answer Dear Brittany,
I am Morgan Jacobsen, a personal injury attorney at www.SettlementCentral.Com Since Dr. Settlement is down and out for last week and this week, I have been asked to take over his service here so that will not have to wait any longer.
Dr. Settlement had two dozen requests like yours backed up, and he wanted me to contact him on each answer I am submitting for him, just to be sure that you questioners get the best information. He also wants me to give FULL information to compensate all of those who have waited for his answers.
Thank you in advance should you send any well-wishes, which I will pass along to him. Meanwhile, Dr. Settlement thanks you for your patience and understanding and he hopes to be back to work later this week (at which time he will face a full two week’s worth of backlog ).
I am going to caution you about spending too much on costs to pursue a lawsuit until the negligence is proven. From your description, it seems to me that McDonalds was negligent in leaving a chair with a defect that was dangerous. Hence a claim on behalf of your son would be appropriate.
BUT, let’s take a fact check first: there is a real problem in many restaurant claims because the claimant has to prove negligence, and defend against claims that he (your son) was somehow at fault, AND McDonalds has a reputation of defending its claims.
Sooooo, before we get on to the issue of proof: how about we take a little detour on premises liability (just so you know what you have to prove)? I am also going to mention the defenses to premises liability since you will need to be aware of that.
First off, let’s agree that premises liability claims are hard to prove. Most people are misled since they think that an apartment complex or business or the like will be liable for injuries sustained on their property. But there is no automatic liability against a property owner or a business; one has to show negligence on their part.
Premises Liability (Slip Or Trip And Fall Accidents) http://www.settlementcentral.com/page3006.htm is an excellent review of premises liability or slip and fall accident confusion as to liability. There are three good examples on that page to show you the difference between liable property owners and those whom one cannot sue.
The duty of the business toward its patrons is one of affirmative obligation to inspect and to remove any dangers, such as a defect in a chair. It is an affirmative duty to protect the patrons from a foreseeable risk if the cost of that protection is reasonable. But of course the issue might be that the defect was not easily seen.
Next is the liability of the victim I have no idea whether or not your son is too young to be contributorily negligent (many states, five or younger). So let’s also consider whether McDonalds has a defense of negligence on his part.
It will not defeat your son’s claim, but his negligence can be used to reduce the amount of his award. So here is your lesson: assume that they will claim that your son (if old enough) is at least one-third at fault, and be prepared to defend on the basis set forth above.
DO NOT BE DISCOURAGED about that defense that they may raise, but just be aware that it will be raised if your son’s claim has any value.
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Gather Evidence: photos and witness statements
GET PHOTOS: via your attorney or on your own. Your attorney can arrange a way to get photos. But you can also—with her blessing—go there and photograph that chair. Take your cell phone or small camera and take some photos of the area. GATHER ALL EVIDENCE NOW: DO IT QUICKLY AND QUIETLY, without notifying the business just yet. Leave that for later. http://www.settlementcentral.com/page0216.htm Evidence to Support Your Personal Injury Insurance Claim of Premises Liability, Slip and Fall.
Be Prepared for the Kinds of Questions they Might Ask of you in a deposition. Ask your attorney for help on this. Here are general ideas for your preparation. We have not made up a list of questions to expect for the premises liability part of the free side of my website, so you will just have to use the following as a guide to the range of questions to expect. This is a list of questions insurance adjusters ask http://www.settlementcentral.com/page0207.htm injured claimants.
I trust that my time here has been of value to you, James. And if so, am asking you to take a moment to leave some feedback for Dr. Settlement. He is still not feeling well, so any greetings at all will be appreciated.
I am sorry to say that our own Dr. Settlement is out sick still. He went down last week with the flu, and he thought that he would be back on Monday. Things did not improve today, so rather than wait for him to return in order to answer your question, I am going to pass your inquiry along to another experienced personal injury attorney at www.settlementcentral.com Her name is Morgan Jacobsen, J.D. She will set aside all of her work tomorrow in order to get to the backlog of work on the desk of Dr. Settlement. Hence, while we apologize for the delay owing to sickness, we are tuned in to the needs of those Dr. Settlement is serving---so expect your answer from attorney Jacobsen tomorrow morning. .
Very Truly Yours,
Douglas H. Green, President
Www.SettlementCentral.Com
