Restaurant Injury Settlement in Philadelphia | What You Should Know
Philadelphia’s vibrant restaurant scene offers delectable cuisine and memorable dining experiences. Eating out in The City of Brotherly Love can be a joy, but sometimes accidents happen, resulting in unexpected injury and financial hardships.
If a restaurant’s negligence caused your slip and fall injury, you may be entitled to seek compensation through a restaurant injury settlement. While every case is unique, understanding what goes into a settlement can help ensure you obtain justice, both metaphorically and financially.
So in this blog post, we’ll guide you through the critical aspects of a restaurant injury settlement, including what it is, your rights, and types of settlement compensation.
What Is a Restaurant Injury Settlement?
A restaurant injury settlement is a legal resolution between an injured individual and the restaurant where an injury-causing accident occurred. Basically, it is an agreement compensating the victim for their injuries, medical expenses, pain and suffering, and any other financial losses the accident caused.
Most injury claims against restaurants stem from slip-and-fall incidents and are based on a legal concept called “premises liability.” Premises liability holds property owners responsible for maintaining a reasonably safe environment for their visitors and guests.
This responsibility charges restaurants, owners, and managers with taking necessary precautions to prevent accidents, including promptly cleaning spills, repairing damaged floors, and ensuring adequate lighting in common areas.
To hold a restaurant liable for a slip-and-fall injury, an injury victim must establish that the restaurant acted negligently by proving the following elements:
- The restaurant owed the victim a duty of care to provide a safe environment;
- The restaurant breached its duty by failing to take reasonable precautions;
- The restaurant’s breach directly caused the victim’s injury; and
- The victim suffered physical, emotional, or financial harm directly caused by the injury.
Remember, it is your right to seek a settlement for your injuries caused by a restaurant’s negligence. If you believe you were injured by a Philadelphia eatery, working with a skilled personal injury attorney experienced in slip-and-fall cases can help you establish negligence and confidently navigate the legal process.
How Much Money Can You Get from Suing a Restaurant?
Each slip and fall case is unique, so while compensation for a slip and fall injury can range from a few thousand dollars to hundreds of thousands of dollars, there is no fixed formula for calculating a settlement amount.
Instead, courts and insurance companies evaluate each case individually, focusing on various economic and non-economic factors such as the following.
Injury Severity
Serious injuries that require extensive medical treatment, surgery, and rehabilitation or that result in long-term disabilities will generally yield higher settlements compared to minor injuries.
However, slip-and-fall settlements without surgery from injuries such as fractures, sprains, soft tissue injuries, and concussions can still range from a few thousand dollars to tens of thousands, depending on your specific circumstances.
Medical Expenses
The total cost of your medical bills is a crucial consideration in calculating a settlement. Costs can include emergency room visits, diagnostic tests, hospitalization, surgery, doctor consultations, medications, physical therapy, and any other medical treatment required for recovery.
Recovery Time
The time it takes to recover fully also impacts the settlement amount. More extended recovery periods often result in higher compensation to account for longer periods of pain, suffering, and loss of income.
Lost Wages
If injuries prevent you from working during recovery, you may be entitled to compensation for lost wages. This includes wages lost during your recovery period and any potential future earnings you might miss out on due to long-term or permanent injuries.
Pain and Suffering
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can significantly contribute to your settlement value.
However, pain and suffering are subjective, so how courts and insurance companies calculate these types of damages varies from case to case. Regardless, the more severe and long-lasting your injury’s physical and emotional impact, the higher its potential value.
Restaurant Insurance Coverage
If the restaurant has substantial liability insurance coverage, it may increase your potential settlement amount by allowing you to collect all the damages you have suffered. However, if the restaurant is underinsured or lacks liability coverage, it could limit the available compensatory funds.
Restaurant’s Degree of Negligence
The extent of negligence on the restaurant’s part can affect your settlement amount. If you can prove that the restaurant’s actions or lack of actions were particularly egregious, it can strengthen your case and increase the likelihood of securing greater compensation.
Legal Representation
Consulting with a skilled attorney with experience in restaurant slip-and-fall cases will give you a clearer understanding of what you can recover and positively impact your settlement outcome.
An experienced attorney can evaluate your specific incident, assess your damages, and negotiate with the insurance company, ensuring you receive justice for your injuries and losses.
What Is the Statute of Limitations?
There is a time limit, known as the statute of limitations, within which you must file a lawsuit for your restaurant slip-and-fall injury. Pennsylvania’s statute of limitations provides that for slip-and-fall injuries, you have two years to sue, starting on the day the accident occurs.
This means that you have two years to file your complaint with the court. For this reason, it is crucial to consult with a personal injury attorney as soon after your accident as possible to ensure you meet all deadlines.
Rosen Justice Injury Lawyers: Slip-and-Fall Advocacy You Can Count On
If a restaurant slip-and-fall accident caused your injury, Rosen Justice Injury Lawyers can help. Our restaurant slip and fall injury attorneys provide unyielding, aggressive, yet compassionate representation, letting restaurants and insurers know you mean business.
During our over 75 years of combined experience, we’ve fought proudly for Philadelphia’s diverse and hardworking communities, winning millions for those who need us the most.
We offer our legal services on a contingency basis, which means we only get paid if we recover the compensation you’re entitled to. Call 267-656-7736 today for a free consultation.
