Fell and hurt myself in a restaurant and have not been to the doctor. Can I still sue the restaurant??

Question

I fell and hurt myself in a restaurant and have not been to the doctor. Can I still sue the restaurant??

I fell and hurt myself at a restaurant about 2 weeks ago. I was actually there to do business with them, I was there before the restaurant was open. I was wearing high heels and went through the kitchen which was being mopped. I do not have insurance of my own, I would like to claim on there insurance. I have not been to the doctor and have been out of work. Can I sue for medical bills and time off? I told them after I fell that I was okay. Which I thought I was but my ankle has been hurting. Do I still have a case? This is in Texas by the way. I could really use some help. Thank you

Answer 1

You can't submit a claim on someone else's insurance;  only the policyholder can submit a claim.  You would have to sue them and then their insurance would defend.  But you have blown your case by not seeking medical attention.

Answer 2

Why would you need to sue???? You knowingly walked on a floor that was being mopped wearing high heels. YOU should've known that was a possibility.

Ask the restaurant owner if they have insurance that covers "medical payments to others". In my opinion you don't have grounds for a liability claim because I don't think the restaurant was negligent to cause your fall. YOU WERE!! I think you may be able to get them to help you with your medicals bills to go see a doctor to get checked out, but your lost wages and such is the price you pay for walking on a wet floor with high heels. Watch where you go next time!

Answer 3

If you haven't seen a doctor in two weeks, I think you've blown your chance.  Without medical records indicating that first, you were in fact injured, and second, that it was bad enough to seek medical attention, the restaurant can make a claim that either you were hurt somewhere else or that you weren't hurt at all.

Answer 4

You have little to stand on if you did not seek immediate medical help the day of the fall or immediately after.

You should have sought medical help just to be safe.  Since it has been so long - and you have yet to seek help, and lost time will not be claimable.

You pretty much shot yourself in the foot.

Answer 5

i would say first you need a doctor's statement

then a lawyer

Answer 6

Sure you can!  Anyone can sue anyone else in the US, all you need to do is hire a lawyer.

You'll have to prove that THEY caused the fall.  

You can sue for anything you want . . . but WHY were you in the kitchen?  You'll have to have a great excuse for being there.  And, of course, the high heels contributed to it.  Lastly, you'll have to see a doctor to document the injury.  No medical bill, no injury, is pretty much the rule.   The longer it's been, the weaker your case is.

Here's the real test:  Go to one of those personal injury lawyers.  If they won't take it on contingency (no win, no pay) basis, then you don't have much of a case.

Me, I don't think you have much of a case, anyway.  An injury that didn't require medical treatment, wearing heels, being in a  place NOT open to the public (the kitchen).  

But since you were doing BUSINESS with them, you REALLY should be filing this under workers compensation - for YOUR employer.  If you're SELF employed, you're probably not going to be able to collect anything from anyone.