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

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.

Do I sue McDonalds or the franchise owner or both

Attorney Answers 9


  1. 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 at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. 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 and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


  3. 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.


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


  5. 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 are in search of legal advice, you should consult with an attorney about your specific situation. Communicating with Tryk Law, Accident Injury Attorneys through the use of this website does not establish an attorney/client relationship. You should not disclose any information that you consider confidential until an attorney/client relationship has been created.


  6. 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 as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  7. 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.


  8. 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 and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)


  9. 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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