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I suffered a first degree burn from mc donalds coffee that the clerk spilled on me .

Victorville, CA |

I reached for the coffee, and the mc donalds clerk had not put the top on properly and it spilled on my hand and caused burns,. Only first degree. i could not find an attorney to take the case because it wasn't a 2nd degree burn. The insurance company has asked how much in compensation im looking to receive. I am not sure of what I am entitled to. I went to the doctor several times. Took of work for the visits and paid for the visits and medication.I have pictures of the burns. It has since healed. How much am I entitled to?

Attorney Answers 9

Posted

You are certainly entitled to compensation for any loss of wages you have endured due to this accident. As long as you have firm documentation of this, you should be successful in your case. You will need to show the actual degree of loss however. You will need to present each medical bill and statements from your employer showing how many days, hours, and pay you missed from work. The attending physician will also need to provide to you all of his records, although doctors are unlikely to be supportive of litigation. Regardless, this all may just very well cost you far more than it is worth. Attorney fees factored in you may be left with 0. Best of Luck.

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Keith G Langer

Keith G Langer

Posted

FIRST degree burns are not worth a trip to the doctor. As noted, proof of damages will be crucial. Explaining one trip to the doctor might be possible; "several trips" may well seem excessive. The fact that other attorneys have turned you down is indicative of your chance of success.

Posted

The damages are quite small so I would not expect a big payoff. If you have made a concerted effort to find a lawyer and cannot, you can try to resolve it on your own to get your medical expenses reimbursed and as much as you can for pain and suffering. Good luck.

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Posted

Generally, you are entitled to compensation for your medical expenses, as well as any related expenses (e.g., mileage for traveling to & from doctors' visits), and lost wages. Then, you are also entitled to pain & suffering. But, remember that every case is different and there really isn't a formula.

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Posted

It sounds like the McDonald's employee is negligent and you would entitled to compensation. How much depends on severity of injury.

Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Fortunately, you were not injured too badly. Add up the doctors visits and the amount paid as well as medication, time off from work at your hourly rate , and add an amount that is fair for the suffering you endured. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Your potential claim will be very much complicated and scrutinized by the fact that so many have seen the movie. I would expect that the food-seller will be all over that issue. And the court as well, if your claim gets that far. If there is evidence to be found that you have seen the movie, this will be an exceedingly steep and difficult battle.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an 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 individual consultation and execution of a written agreement for legal services.

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Posted

A first degree burn usually doesn't require all the drama and care you describe. It appears you have overdramatized this event to make a bigger claim. You probably won't go very far with that.

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Posted

You are entitled to reimbursement of your medical expenses, as well as the loss to you of your time off of work. In addition, pain and suffering to the extent the trier of fact determines that that is worth--typically 3-5 times the amount of your monetary loss.

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Posted

A personal injury lawyer will try to negotiate something, but don't do it yourself.

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