My husband was injured as a direct result of the restaurant's negligence. The injuries are minor - but he did have to go to the ER and he is in a lot of pain (glass in his eye...it's a long story). I am missing work, and he has a bunch of follow up appointments to make now to make sure he has no long term damage to his eyes.
What's my next course of action?
2007-02-23 01:42:44 · 10 answers · asked by jane 3 in Politics & Government ➔ Law & Ethics
Okay, for the guy that asked for more details - - he was sitting next to a large window at a diner (not a mom and pop diner - one of those corporate retro diners). The wind gusts outside were probably 30 - 40 mph and picked up a storage container used by the restaurant, propelling it into the window where DH was sitting. The window shattered, he was covered in glass. Luckily, most of it was on his clothing and he was able to shake it off - but he got a lot of small pieces of glass in his eye. The scratches are visible and he is in a lot of pain from the saline. He will heal from the injuries, I'm sure but it could happen again to someone like an elderly person or a child - and next time it could be more serious. This restaurant should be held accountable, in my opinion.
It may not even be worth the time and energy (anyone?).
2007-02-23 01:58:40 · update #1
I didn't realize that companies controlled the wind....
So be sue happy....no I doubt you would win...there is NOTHING they could have done to prevent the wind.
HA and this from someone who was ragging on me for at one time smoking...
HA HA HA
Did you tell him that if he wasn't such a smoking loser that his wouldn't have happen.
2007-02-23 02:06:13 · answer #1 · answered by Anonymous · 0⤊ 3⤋
Contact a personal injury attorney. They will file a Complaint on your behalf. It takes about a year at least for a lawsuit to be resolved because of the large number of cases being heard.
The process usually goes like this:
Meeting with lawyer
Lawyer files Complaint (stay on these guys because a lot of lawyers wait a while before filing your complaint, unbeknown to you - i've seen lawyers file complaints a day before the statute of limitations expired!)
You'll fill out interrogatories which are questions about what happened, general information about you like soc. sec, previous employment, blah blah, and info about doctor's visits, injuries, etc.
Your lawyer may send you to one of his doctors and the defendants may send you to one of their doctors to try and refute your claim of injury
This can go back and forth for a while, and most cases settle without going to trial. They'll fight you tooth and nail for it. But your husband can claim replacement services if you had to take care of him while he was injured and lost wages and other monies as decided by the settlement.
Most important thing to do though is to make sure your attorneys are doing things in a timely fashion. Stay on them.
2007-02-23 01:46:52 · answer #2 · answered by Anonymous · 2⤊ 1⤋
Long story?
In that story is what happened. You should tell us!
It remains to be known if the restaurant stands on its own or part of a mall, etc. It is the responsibility of the restaurant/mall to secure loose items.
I would definitely seek counsel on this matter. Seems like you have a good case.
2007-02-23 01:48:25 · answer #3 · answered by davethenayber 5 · 0⤊ 1⤋
First check with the restaurant to see if they are going to foot the bill for this. Then if they are not willing to pay for the Doctor bills and missed work then hire a laywer.
2007-02-23 01:48:06 · answer #4 · answered by shorty 6 · 1⤊ 0⤋
When you file with a lawyer, part of their homework is locating the owner or responsible company and seeing that the papers are served to them.
2007-02-23 01:45:42 · answer #5 · answered by Falstaff 7 · 1⤊ 0⤋
You need an ambulance chaser, that is a lawyer who practices personal injury law. They usually work on contingency, so you shouldn't have additional out of pocket expense, but you do need someone representing you in the court of law.
2007-02-23 01:51:06 · answer #6 · answered by briang731/ bvincent 6 · 0⤊ 2⤋
Go and see a few lawyers and see if you have a good cause of action.
Consults should be free. If they're not see a different lawyer.
2007-02-23 01:57:32 · answer #7 · answered by C B 6 · 0⤊ 1⤋
Get a lawyer is your first step, and the lawyer will help you from there.
2007-02-23 01:46:39 · answer #8 · answered by mystery_me 4 · 1⤊ 0⤋
Talk to a lawyer.
They're the ones that have to do the filing.
2007-02-23 01:46:08 · answer #9 · answered by Anonymous · 1⤊ 0⤋
If you want to sue you should hire a lawyer.
2007-02-23 01:45:50 · answer #10 · answered by Max B 3 · 1⤊ 0⤋