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To SUE or not to SUE?
I was burned with hot coffee by a bartender at a casino and recieved a second degree burn which extends in the inner side of my forarm from my albow down to my wrist. The burn left blisters and a red scar. I was told that I can sue but I need some facts first! What is this process like? how long can it take? what will the casino ask from me? what are the benifits of having a lawyer versus representing myself? And how much money are they most likely to give me? I have copies of prescriptions and have already been to the doctor three times and counting! From my own personal judgment, there will be a perminent scar.
11 Answers
- 1 decade agoFavorite Answer
Yes, you can sue. The more important question is can you win? Here are some questions for you: Was a report filed and did you receive medical assistance at the time of the injury? Had you been drinking? (their defense would be that you caused the accident.) 1st get an reputable personal injury attorney. Call and interview them several of them. There first meeting is free. Ask them to take the case on "contingency" (ie. you win or settle, they get paid, you lose they get nothing.) if they won't do this you have no case. They will send a claim letter to the Casino first and ask for an amount (your actual damages plus an amount for pain and suffering as well as scarring). Likely the Casino will say no, but will make a counter offer. Then the negotiations start. If it can not be settled then you go to court which can take years. Get a good lawyer- they know the rules of the personal injury game and in the long run they will get you more money than you could yourself. Time is of the essence- contact the state bar in the state you were injured and ask for names of personal injury attorneys.
- 1 decade ago
Only a lawyer in your jurisdiction can tell you how much you can expect to get. Did you hear about that woman in Albuquerque, New Mexico, that got burned by the hot coffee at McDonalds? She made millions but she was hospitalized for her burns, she had complications due to the fact she was diabetic and her illness made her heal more slowly and made her more prone to infection. Plus, that McDonalds had already been warned by previous customers, from what I hear, and the restaurant got socked extra since they knew or should have known it was just a matter of time before someone else got hurt.
The process can be very slow and take years. You can bet the casino will have a lawyer and they'll every trick in the book to get your case dismissed so you'd be crazy to try to do it on your own.
- BigDLv 61 decade ago
I would say that you are likely to get a few thousand dollars, depsnding on your scar. no permanant injuries mean no big bucks.
question - do you live in the same state as the casino? if not, you will have to go to that state to litigate, so it may not be worth it.
I would not reccommend trying to handle this case yourself.
1. you don;t know how to file a case. some states have special requirements for the filing of personal injury cases.
2. you don't know about discovery
3. you don't know about evidence
4. you don't know about the law of the case
call a lawyer, but don't be surprised if they do not take your case
- Anonymous1 decade ago
Why not? you seemed to have a legit case against the casino,unlike other cases where this country's goofy judges have been awarding people that through their own stupid acts cause themselves harm.By the way, that woman at McDonalds should have known that putting a hot cup of coffee between your legs is inviting disaster,and we consider ourselves more educated than the rest of the world
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- Anonymous1 decade ago
Without an attorny you may get a nominal offer from the casino's insurance company. Unless it is a significant scar I doubt an attory will take the case. UNtil you see if it is permanent, its premature to sue
- hippiegirl672003Lv 41 decade ago
Ignore Wizzard2!!Do NOT wait.It could hurt your chance in court.The judge will ask why you waited.consult with your doctor on the potential of a scar and then go find a lawyer.They WILL take small cases.The process can be very slow ,they will probably try to settle out of court but that can take 2-6 months.You have to cover your own butt,no one else can do that for you.Good luck.
- Anonymous1 decade ago
If you get a lawyer then get one that won't make you pay if he loses the case for you. If it cost you a lot of money to go to the doctors and for medical bills then you should get some money from the casino because it was their falt.
- 1 decade ago
If you are scared from it I would tell you to sue. Do you have any pictures of your burns? If so that would be your proof and also take a witness if there was one. As for the laywer vs. yourself I would go with the lawyer. They know what to expect as far as questions and so I would advise you to leave it to them. As for all the rest of your questions I am unable to answer them for you. I'm sorry and good luck.
- Anonymous1 decade ago
Find a lawer that will work on a no win no fee basis and sue the life outta them
- Anonymous1 decade ago
tell the casino what you plan to do, they will probably bribe you into taking money they offer you , if you still think that isn't enough then tell them how things are going to be.....