PERSONAL INJURY LAWYER ASSESSMENT OF A CLAIM
An incident occurred where a client slipped and broke his hand due to milk that had poured on the floor in a restaurant but was never cleaned. The said restaurant manager had also not taken the required insurance that would cover his establishment incase of such an incidence. The client was advised to contact a personal injury law firm to seek compensation. To make matters worse the plaintiff was a Netballer and due to the injury, he lost his contract to play for the national team which he going for auditions.
The personal injury law firm contracted Maritime lawers, needed to evaluate the extent of the claim to determine negligence on the part of the restaurant. On the other hand, the injury lawyer also needed to evaluate the total loss to the client due to the accident.
The personal injury lawyer had to access the reasons why the milk had spilt, being the fact that milk due to its nature its quite visible, and whether the restaurant also had any cameras to justify that negligence was not on their part as that would be their defense. An evaluation on who bore the biggest responsibility needed to be determined.
The restaurant also had contacted a injury lawyer to advise them on how best to defend them since the waiter was their staff but at the time of the spill, the waiter had immediately gone to look for a mop to clean the floor and it was in no way deliberate to leave the spill unattended. It was also quite obvious that the clients within the premises would choose not to step on the area that the milk had spilt as they would have equally messed up the whole restaurant due the foot prints that would have been left incase they stepped on the milk.
The plaintiff’s fall would be a case to be determined in the courts, the fact being that the personal injury lawyer was not only claiming loss from the fall but also loss of earnings due to the clients inability to play professional netball after the fall which was debatable as he was going for the auditions and there was no guarantee of him being accepted anyway.
In conclusion, Personal injury may be personally inflicted due to negligence or by accident. It is the sole duty of the injury lawyer to determine on whether there is a case to go ahead with. It is also a well learnt lesson for the restaurant to realize signs need to be erected incase of such incidences and have cameras in place to provide evidence incase they get sued. It provides also the perfect opportunity for the restaurant to take up insurance to cover compensations in case of such incidences.