Legal Question in Personal Injury in Ohio

Huge cafeteria size table fell on my head in a public restaraunt/bar

I received a concuscion, four torn muscles and nerve damage in my right arm causing a 31% strength loss.

Three months of physical therapy. Iwas told I would never recover fully from the injuries,

This all happened in december of this past year, I have been out of work since.

I am just now able to drive again and do outside work around our house for limited amounts of time. I was recently diagnosed with post tramatic syndrome.

My question is:

The establishment admitted their fault and we have over 20 witnesses to the event. Out of pocket expences and doctors bills have exceeded $20,000. This place where it happened is a chain about the size of a home depot or a meijer size chain.

Is it possible in my case to get the total of my personal bills out of this? $82,000 is everything I owe, house and all.

Should an attorney take this or would the place where I was hurt settle with me?


Asked on 6/03/01, 2:57 pm

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Huge cafeteria size table fell on my head in a public restaraunt/bar

Your question is whether or not the insurance company will settle with you. Of course they will. The insurance company will try to settle for pennies on the dollar. An attorney can examine the facts and apply that to the amount other similar cases are settling for in your area.

If you desire to resolve this without an attorney, feel free, but just talk to the insurance company with as much knowlege as you can get.

Read more
Answered on 6/08/01, 8:34 am
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Huge cafeteria size table fell on my head in a public restaraunt/bar

First of all, the amount of settlement or jury award would be based upon the nature and extent of your injuries, including medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and physical injuries. You should be compensated for past damages and future damages that are reasonably certain to occur. If you are married and have children, your spouse and children are entitled to damages for their loss of consortium, that is the loss of the love, companionship, and support they suffered as a result of the injuries to you. Whether or not the company would be willing to pay you the amount that you request is unknown; however, negotiations must focus on your damages, not your personal bills.

The insurance company representing the business may settle with you; it is not essential to a settlement that you retain an attorney. However, the advantage of having an attorney is that all of the information can be reviewed to give you an informed opinion on a settlement range. Further, if the insurance company fails to offer you the amount you feel is fair, an attorney can file a lawsuit against the business.

A question that I had was whether the insurance company has indicated that there is medical payment coverage under the policy and if they have offered that to you. Most premises liability policies have this benefit available regardless of fault. This amount will probably be counted as part of the settlement, but at least you can get it immediately.

If you have any questions, please contact me at 614-464-4644.

Read more
Answered on 6/07/01, 5:07 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Ohio