Legal Question in Personal Injury in California
My daughter was burned at a local restaurant
MY DAUGHTER WAS BURT BY A COFFEE POT ON HER HEAD.
A WAITRESS CAME TO OUR TABLE AND HELD THE POT NEAR MY DAUGHTERS HEAD ASKING IF MY MOTHER IN LAW NEEDED A REFILL,
MY DAUGHTER WAS AT THE END OF THE TABLE IN A HIGH CHAIR,
BEFORE i COULD SAY A WORD MY DAUGHTER TURNED HER HEAD AND WAS BURNT. I TOOK HER TO ER AND WAS TOLD JUST TO APPLY COLDCOMPRESS AND OVER THE COUNTER BURN CREAM. I LATER CALLED THE RETAURANT OWNER AND EXPLAIED TO HIM WHAT HAPPENED.
HE AGREED TO PAY ANY MEDICAL COST. MY INSURANCE COVERED ALL BUT A $35 CO-PAY CAN I ASK HIM TO PAY THE ITEMIZED HOSPITAL BILL PLUS PAIN AND SUFFERING?
3 Answers from Attorneys
Re: My daughter was burned at a local restaurant
Your daughter would be entitled to all of her gross bills (not just your out-of-pocket) and pain and suffering. Photos need to be taken of all scars or marks. If you are in Orange County, I can give you a free consultation and handle this for you. A settlment may also involve a court hearing before a judge. Sam Eagle 714-963-5123.
Re: My daughter was burned at a local restaurant
you and/or your daughter could very well be entitled to pain and suffering as well as other damages based on this incident. please email me with more specific details regarding how the waittress actually burned your daughter so i can assess the BEST legal theories that will allow you to recover the most in monetary damages. in the meantime, you may want to refrain from accepting any payments or settlement offers from the owner of the restaurant until you have spoken to an attorney or have retained one to fight for you and your daughter's rights to the MAXIMUM entitlement under the law. email me with the details and i should be able to assist you immediately.
Re: My daughter was burned at a local restaurant
Thank you for your inquiry.
The simple answer to your question is yes. If the waitress (and thus the restaurannt, her employer), was negligent, and caused injury to your daughter, you can make a claim for the total amount of your damages.
That total amount includes the medical bills, pain and suffering, and future medical bills (like a scar revision surgery later, or skin treatment), as well as mileage to and from the doctor's office, medication or other out of pocket expenses.
I hope that this information helps, but if you have other questions you need answered, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.