Legal Question in Personal Injury in Virginia
I was at a local chain restaurant the other night with my family. As I was looking at the soda machine reading off the drinks I would allow my child to drink, the top casing of the machine fell off and hit me in the head (luckily it hit only me and not my kids!). I had a nasty bump/bruise on my forehead and right eye. After a few days, it looked worse, so I decided to see my primary care doctor. He sent me to an eye doctor just to make sure all was ok. I will be fine, there is no permanent damage. However, it will take a month or more for the bump and bruises to fully go away. Obviously, I want the restauarnt to pay my co-pays and compensate us for the dinner that was rather unpleasant. No, they didn't refund our money the night of the accident. Given that the injury (bumps and bruises on face) will take about a month to fully heal, would it be fair to ask for anything else. If so, what? I'm a stay-at-home Mom, so there's no loss of income here. Thanks.
1 Answer from Attorneys
Well, obviously you should see a lawyer. You obviously have a strong legal case.
The question, as often, is how much money you are entitled to.
You should keep a very good recod of all medical expenses, including even aspirin and househould medical supplies.
You should keep a recod of anything that you would normally do that can't do. For example, if you lose a Saturday enjoying the company of family because you are laid up recovering or with a headache, etc.
You are entitled to pain and suffering." But sometimes this is hard to prove. It helps if you can keep a journal or log of all the times you are in pain or unable to sleep or unable to engage in ordinary activity because of the pain or such (even just having a headache).
You will probably need to file a lawsuit to get them to be reasonable.
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