Legal Question in Personal Injury in Illinois
Daughter sprained her ankle in McDonald's Playland
My daughter came down the slide and her foot ended up getting caught underneath her. It immediately was swollen and you could see the fluid. We filled out an incident report. We went to the Emergency Room and they took three x-rays and ruled it a sprain. McDonalds insurance company has already contacted us and said they would pay any medical expenses that our insurance did not cover. Three days later and she is still not able to bare weight and is using crutches. Still very swollen and black and blue. Do you think that I should consult an attorney and would I have any recourse again McDonalds? Do I accept a settlement if they offer me one? I am scared that my daughters ankle will never be the same.
4 Answers from Attorneys
Re: Daughter sprained her ankle in McDonald's Playland
Dear Sirs:
Before you settle you should consult with a qualified personal injury attorney who is familiar with playground accidents.
Our law firm has sucessfully handled many such cases in the past.
Please call to discuss.
Many thanks,
John C. Wunsch, P.C.
4.6.09
Re: Daughter sprained her ankle in McDonald's Playland
You may or may not have a claim against McDonalds. Further investigation would be needed. You are right to be cautious at this time. You may feel free to contact me. I practice personal injury law throughout Illinois and Indiana and would be happy to assist you.
Re: Daughter sprained her ankle in McDonald's Playland
Dear Madam,
I would recommend to proceed cautiously and deliberately. I would not accept a settlement without first consulting an attorney. How old is your daughter? Has she ever had ankle problems?
How did her leg get caught in the slide? Were there other children or adults present who witnessed the incident?
You are in Bloomington-Normal, correct? Who attended to her injuries? How much aftercare is she going to need? Did the physicians have to immobilize her ankle?
There are details which need further clarification.
Sincerely,
Paul Fine
The Law Office of Paul R. Fine, P.C.,
Chicago, IL
[Note this information does not constitute legal advice nor any agreement to provide such services and that no attorney-client relationship yet exists between the author and any party.]
Re: Daughter sprained her ankle in McDonald's Playland
You have not given enough information. What do you think McDonald's has done wrong that you think they should be paying you more than what they have offered? Generally, MacDonald's liability insurance cover medical expenses regardless of fault. So that is what they are offering you. However, if you want more, you must show that McD has been negligent in some way. Without that, you are not going to go far.
If you want to discuss the matter in more details, feel free to contact me.