Hello I recently filed a claim against McDonalds that was denied can file small claims suit?

Asked over 1 year ago - San Bernardino, CA

I suffered a burn injury from McDonalds and since it didn't result in permanent damage or scarring they denied my claim. I was only asking for compensation for the medical expenses and loss of work. Can file a small claims suit? And how do I do I do that. I was informed by to lawyers that would be the best way to get compensation since the injury was minor. Please help. Please see my other questions which all relate to this issue.

Additional information

Do I sue McDonalds or the franchise owner or both

Attorney answers (9)

  1. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    Answered . You should definitely sue the franchise owner (check the fictitious business name statement for that location.) You can also sue McDonalds corp, but I dont see a practical reason for you to do so here.

  2. Malosack Berjis

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . You can try filing a lawsuit in small claims court. The link I have provided, for you below, is from the California Courts website, and explains the small claims process. Best of luck to you.

    This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes, small claims court is a good option.

  4. Michael Shemtoub

    Contributor Level 17

    6

    Lawyers agree

    1

    Answered . What exactly happened in your accident? Please provide a detailed explanation of what happened to you.

    View my website & call for a FREE consultation if you are a California resident 877-427-2752 or you can email me... more
  5. William West Seegmiller

    Pro

    Contributor Level 10

    6

    Lawyers agree

    Answered . More details are necessary to respond to this question. First of all, you must prove that McDonalds was liable for your injury because they did something or failed to do something that resulted in your injury. If if were not for what they did, you would not have been injured. Keep all receipts, make sure you have evidence such as photos and witnesses before going to court. Most important be prepared for court. Good luck.

  6. Benjamin Prescott Tryk

    Pro

    Contributor Level 8

    5

    Lawyers agree

    Answered . Of course you can sue them in small claims. Get after them.

    DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you... more
  7. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you proceed by way of small claims court, be aware that the movie has plowed some ground.

    Your post does not address the critical facts: what kind of medical care was necessary to treat this injury, and were you factually incapable of working because of the injury? Small claims court judges can be a bit wry about "hot coffee" claims because of the movie, so you will need medical evidence that a physician did something other than first aid and that a physician instructed you to stand down from performing your regular duties of your employment for whatever period of time.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  8. Wendy Ha Chau

    Contributor Level 13

    4

    Lawyers agree

    Answered . We need more facts regarding your injury /and damages. You should first talk to an attorney in your local area and have him/her take a look at your medical records/case. It does so happen that some people don't scar as easily as other people and might even heal quicker, but that doesn't mean that the pain and suffering was any less.

    We settled a few cases with McDonalds before. BUTI do agree with the other attorneys, (name them all in your suit) sue them all, either in small claims or with an attorney's help. If you have not filed your suit yet you should consider it because the statute of limitation is 2 years from date of loss. Best of luck! :)

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer... more
  9. Robert Andrew Michael Burns

    Contributor Level 17

    3

    Lawyers agree

    Answered . You can get free assistance from the Small Claims Advisor but, for now, you'll want to prepare a Claim of Plaintiff; the form probably can be downloaded from your local court's website or the State Judicial Council's website or you can fill one in at the courthouse. You will need to know McDonalds agent for service of process; you might easiest get that from McDonalds.

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