redlobster

I was having a business meeting in a chain restaurant in Tampa, Florida. I was in a booth and got up to go to the restroom. On stepping out of the booth my foot slipped from under me and I broke two bones in my wrist from the fall. The floor was waxy and very slippy. Two members of staff agreed that the floor was slippy. Our business guest saw it all and is happy to be a witness. The restaurant called paramedics and they sent me straight to hospital

I was advised to wait for an offer by an independent insurance person I know.. The insurance people said in an email that they would cover all medical bills and would investigate. An independent assessor has interviewed me, our business guest and the staff at the restaurant, but we have seen no report. We are now in week three.

I am in US on E2. I can't drive or use the computer (this is being typed for me) and have lost business through the incident.

Question is should I wait for an offer or should I see a “no win no fee” lawyer to seek advice. Once I see a lawyer the insurance company will no longer deal with me. Offers through the insurance tend to be less than $100K but, I assume, will be settled more quickly. The lawyer route would slow things down but would it be worth it. Does anyone have any experience of this situation?

redlobster

Just Jenney

It wasn't at a Red Lobster, was it?

~ Jenney

Rete

Yikes, I would hope not. Won't want to do business with a person whose idea of a business lunch is Red Lobster.

TouristTrap

This if FL. Red Lobster is considered a first class restaurant around these here parts

An no win attorney would get you more, I'm sure, but he'd also take 60% off the top before you see anything.

Jerseygirl

I thought the fee was 30%.

Thydney

Clumsey of you Bernadette

redlobster

No it wasent the Redlobster..lol

Redlobster

Rushman

Are you having a laugh?
You're considering a no win no fee lawyer because the insurance max payout is only $100K?
FFS you broke two bones in your wrist, you're not paralysed and if the floor was waxy as you got up, stands to reason that it was waxy when you first sat down, therefore you should've been more careful. So in essence, you're a clutz and you want paying for it.
No wonder insurance premiums are astronomical here. Tell them you'll take $10k and think your self lucky and stop being so f**king greedy.

Jerseygirl

Well said Rushy. That deserves karma, but I've gotta do some spreading first.

frrussre

Ditto.
Frank R.

Angry White Pyjamas

I got up from the dinner table and stubbed my toe on the leg of my wifes chair tonight....Anyone got the name of a good lawyer I'm gonna sue her ass off I think.

frrussre

Redlobster is your connection. They have Legal representation.
Reg. Frank R.

RoadWarriorFromLP

At the risk of being crucified for answering the OP, I'll do it anyway. (Bear in mind, I'm not a lawyer, so take this for what it's worth.)

Preface: If you expect to turn into the next great lottery ticket, I would give up that notion rather quickly. Insurance companies have largely abandoned the practice of paying out big settlements without a fight, so as to deter frivilous cases. Much of what you hear about on TV is media hype (i.e. the much-misunderstood McDonald's coffee case), and most settlements are very modest.

As a result of the above, "pain and suffering" is very difficult to collect. Unless you've been severely maimed, you are unlikely to get anything under such a provision. So I wouldn't be selecting the color of your next Bentley just yet.

Since there is no apparent dispute over liability (the restaurant appears from what you've said to be 100% liable -- with a wet floor and without warning signs posted, that seems likely), what you can expect to get are actual damages, i.e. quantifiable economic losses:

- The medical component should be relatively easy to prove and collect if the medical charges are legitimate, particularly given that there is 0% liability on your part, i.e. no contributory negligence.

- You should be eligible for compensation for the loss of your time, such as losses related to your business, if you can reasonably quantify them. However, as you ratchet up the stakes, so will the insurance company.

The problem for plaintiffs in your situation is that it is difficult to get an attorney, because your case is likely worth so little that it isn't worth taking on contingency. A typical case would cost about one-third of the award/ settlement, plus actual costs (the latter of which can be controllable but significant). Which leads to this: If your damages are substantial (i.e. you have lost substantial income and/or incurred additional significant costs because of your downtime), then you might want a lawyer. If you have only medical bills and a modest bit of inconvenience, then you are unlikely to find a lawyer at all because your case is worth so little to the attorney, which leaves you to your own devices.

Accordingly, I would honestly assess your losses, and act accordingly. The insurance company understands this attorney/ contingency issue and how it impacts your ability to litigate, so act and negotiate accordingly.

If your economic damages are minimal, but the settlement offer is still inadequate, one option is to go to small claims court in your state. Case limits vary by state, but you don't need an attorney (actually, you aren't permitted to have one), and the cases get to trail very quickly.

AdobePinon

No, no, no.... If you read rl's post, the blame lies with total clarity at the foot of the foot:

scrubbedexpat099

That covers most of my comment, but better put.

http://www.forthepeople.com/

Supposed to be one of the nore effective Rottweilers. And you might find the site informative.

If you have a Permanent Disability, the situation is some what different.