Please, Learn from my mistakes

brianlux

Two months ago I fell on a wet floor in a restaurant. I landed on my back and head receiving a concussion, a bad contusion to my lower back/hip and severely bruised ribs. The restaurants insurance company offered me a small settlement which would not be enough to cover my medical costs or loss of time- let alone that fact that, 11 weeks later I still have daily headaches and lower back and rib cage pain. So on the advice of one of my doctors (the one who would gain the most from my repeated visits) I went to a lawyer for help getting a settlement. The lawyer has since told me I would probably loose in court and if so would have to pay the restaurant's legal fees (around $25,000). The restaurant manager and two employees made statements to the insurance company that do not at all reflect what actually happened in my fall. The only witness I have is my wife who indeed saw the whole thing but whose testimony would be considered biased. There were other witnesses but because I hit my head I did not think clearly to get their names.

So I'm telling my story not to elicit sympathy but to pass on some advice. Hopefully if someone else can learn something from this it will not be a total loss.

Here's what you can learn form my mistakes:

1) If you get injured make sure you ask for witnesses. Get names and numbers if you can.

2) Get photographs and ask for surveillance tapes before they are erased.

3) Remember that anyone else involved in your case- doctors, attorneys etc. who appear to be wanting to help you may only be looking for ways to make money for themselves and are not necessarily looking out for your best interest. If you believe a procedure is unwarranted and may be performed because someone else will gain from it and it will cost you money, get a second opinion.

4) If your doctor recommends a lawyer and has that lawyers business card readily at hand, consider that the two may be looking out for each others own opportunities.

I am totally against false injury claims. I have a small business myself and would be very unhappy if someone tried to fake an accident in my business to make money. This is not what I did. I really did receive a concussion and injuries- none of which I would allow to happen for any amount of money. I would rather have no money than to have, as I am, to suffer headaches and be in pain every day. But if you do get injured to no fault of your own, don't make the stupid mistakes I made.

RKCNDY

i don't know why your lawyer would tell you that you would lose. I mean, silly claims like "I spilled my hot coffee in my lap, because I couldn't juggle steering a car, talking on a cell phone, breakfast sandwich, and coffee" gets money.

Don't most lawyers work on the premise, 'you don't pay unless you win'?

I was in a car accident last year...stopped at a red light, and some lady rear ended me going 40 mph. I never thought of getting a lawyer until her insurance started jacking me around, and then my insurance company, (who was paying my bills, and would later be paid by her insurance company) started jacking me around and threatened to refuse to pay my bills. I was in so much pain, I would literally vomit from it. Migraines every day, nausea, light headedness...it wasn't fun at all. Lawyer is getting paid from the settlement money.

Sorry you're in pain, but if I were you, I'd keep talking to different lawyers. The pain you will endure for the rest of your life is not worth it.

peacefrompaul

Was there a wet floor sign up?

81

i saw it all....for 10%

seriously....sue....let the courts figure it out.

their insurance offered a settlement....which is pretty strong evidence in my book.

brianlux

Paul, yes, but it was off to the side. I walked through the middle of a wide area and the sign/cone was well off to the side. It should have been in the middle of the wide space that was wet- sloppy wet. I went down very fast- before I had time to react and I have very quick reflexes. The restaurant people claim that I was told the floor was wet, that I ignored them and that I used the cone to lift myself up- all blatant lies but it's one against three which is why I would likely loose in court.

81, thank you! First time I've laughed today.