I fell at McDonalds back in Jan. on my wrist, they neglected to salt the parking lot, how much should they be offering me.

Asked about 2 years ago - Oceanside, CA

I agreed to do a one time settlement without hiring a lawyer and it has been 6 months now, i am very patient but i was wondering how much should the mcdonalds insurance company should be offering me and what should be an acceptable settlement? And yes, i have been to physical therapy and and recorded my pain and suffering. And my daughter was 4 months old at the time and i could have been carrying her and the injuries could have been worst, and the witnesses seen the managers laughing at me, very embarrassing. On top of that my husband was deployed and it was very difficult to take of my daughter with a hurt wrist, but the show must go on and it is still not completely better. It still has pain, when they call with a settlement, should i tell them that?

Attorney answers (6)

  1. David Michael Boertje

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . It's impossible for an attorney to evaluate how much your case should be worth without knowing a lot more details, such as the extent of the injuries, the medical bills incurred, how long you were in physical therapy, more about how the incident occurred (to determine whether liability can be determined) and other factors. You should consider consulting with a personal injury lawyer over the phone or in person to discuss your case. Slip and fall cases can be very difficult to establish liability. Also, just because McDonald's insurance carrier is telling you they might offer you a settlement, they may just be trying to collect information from you now to help them defend their case and then turn around and deny your claim and offer you nothing or a very small amount. You may end up hurting your case without realizing it if you are talking to them directly as opposed to having a lawyer talk to them on your behalf.

    David M. Boertje
    (760) 476-0901
    www.personalinjurysd.com

    *Please note that this is not legal advice and in no way formed an attorney-client relationship*
  2. Frank Marvin Nunes

    Contributor Level 14

    8

    Lawyers agree

    Answered . It sounds like McDonalds is not going to offer you anything, if they have waited this long without getting. Ack to you. I agree you need to consult with a lawyer to see what additional information is needed to get you the best possible result.

    If you are a potential client, the information you disclose to us by email will be kept in strict confidence and... more
  3. Gary Edwin Haslerud

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . The question is somewhat confusing in that it states you agreed to a settlement, but later ask how much you should ask for. Apparently you have not reached a settlement as of yet. In order to recover for your injuries you must be able to demonstrate that McDonalds was negligent in its use, management or maintenance of their property. Simply because you were injured does not mean that McDonalds is automatically responsible. The failure to salt the parking lot could indeed be negligent. However, depending on the existing conditions it may be that McDonalds will argue that you are negligent for failing to be more careful. For example if the parking lot was covered in ice and snow there is a much stronger argument that you were negligent because the condition that caused you to fall was "open and obvious" and everyone knows that snow and ice are slippery. That said, it is impossible to answer your question about case value without knowing the amount of your medical bills, lost wages, and what the medical records say. The fact that you "could have been carrying your daughter" does not increase the value of your claim. The fact that you subsequently had to care for your daughter on your own with limitations is however a relevant factor. There is no formula you can use to come up with the value of the case. Case value is a function of many different factors including for example, liability, the amount of your medical bills, your diagnosis, your prognosis, residuals and the manner in which the injuries have impacted you. Your best bet is to gather up all of your medical records and bills and speak to an attorney . If you are still having problems as a result of the accident, I would not recommend that you settle at this pont until you have a better understanding of your injury and what the future has in store for you in that regard.

    The information provided herein does not create an attorney client relationship and is provided for general... more
  4. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is hard to say without knowing the extent of your injuries and the amount of your medical bills along with any lost wages.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Avvo lawyers can't put numbers on cases from a posting. Retain a local Avvo personal injury lawyer in your state to negotiate a fair settlement. Good luck.

    The answer does not create an attorney/client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    215-510-6755
    http://www.InjuryLawyerPhiladelphia.com

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. A Melissa Johnson

    Contributor Level 15

    1

    Lawyer agrees

    Answered . So sorry to hear about you injury and the hardship that it has caused for you and your family. Your question does not contain enough information to provide a meaningdul opinion. Settlement values depend on a number of factors. Unfortunately, many claims adjustors are VERY bad about responding to unrepresented claimants. Many of my clients found their way to my office simply because insurance adjustors failed to communicate. Also, claims typically settle for more money when the claimant is represented by an atorney. With that said, you should contact an attorney who is experienced in handling personal injury matters. Please feel free to contact me if you want to discuss your claim.

    Melissa Johnson
    The Spencer Law Firm
    2727 Camino Del Rio South, Suite 140
    San Diego, California 92108
    619-233-1313

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