QUESTION
If you have a cracked ulna in the left wrist from a fall at restaurant can you file charges?
Asked on Jan 06th, 2014 on Personal Injury - Illinois
More details to this question:
Is this a personal injury? Also had a knee contusion along with crack ulna.
12 ANSWERS
If the fall was caused by negligent action of the business you can file a personal injury action.
Answered on Jan 15th, 2014 at 4:38 AM
Criminal Law Attorney serving Columbia, SC
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O'Leary Associates, P.A.
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Filing would possibly be a civil case. No charges as that refers to criminal issues.
Answered on Jan 10th, 2014 at 7:20 PM
Yes, it is what is called a personal injury, but you have to be able to prove that the restaurant was somehow negligent for the incident, such as leaving fluid on the floor, a hole in the flooring, etc. You should probably see some personal injury attorneys in the geographical area of the incident to see if they think you have a case.
Answered on Jan 09th, 2014 at 11:27 PM
Edwin K. Niles
You don't say in what way the restaurant was negligent.
Answered on Jan 08th, 2014 at 8:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can fall in a thousand locations. You get nothing for falling. You might get something if you prove the fall was the fault of some third party who was negligent. You must also prove that you were not negligent that is that you were being careful for your own safety and the cause of your fall was not discernible. For if it were open and obvious you cant collect in NCX
Answered on Jan 08th, 2014 at 8:20 PM
Ronald A. Steinberg
Sure. However, you have to PROVE that they could have prevented the accident by fixing whatever was wrong with the property AND that you could not see the problem in advance to be able to avoid it.
Answered on Jan 08th, 2014 at 8:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Weill you are a person and you are injured, so yes it is a personal injury. You don't file charges, you file a complaint for the damage caused by the restaurant. However, it does not sound like a major claim, so once all of your medical bills have been finalized, make a copy of them and send them to the restaurant along with a request to pay them and to compensate you for your pain and suffering. Now, if the restaurant was not negligent, you might get zilch.
Answered on Jan 08th, 2014 at 7:45 PM
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This is a civil case, charges are for criminal cases. If the fall was caused by the negligence of the restaurant, you have a valid claim.
Answered on Jan 08th, 2014 at 7:43 PM
James Eugene Hasser
It depends on how and why you fell.
Answered on Jan 08th, 2014 at 7:42 PM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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In order to make a recovery for a slip and fall case, in general you have to prove that your fall was caused by a dangerous condition at the restaurant, and that the restaurant knew or should have known about the dangerous condition before your fall and didn't warn you about it or remedy the situation.
Answered on Jan 08th, 2014 at 5:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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"File charges", no. You have not stated that the restaurant committed any crime. Yes, a cracked ulna is a personal injury. You might be able to file a lawsuit, but you must be able to prove that the restaurant did something wrong, such as creating the condition that caused you to fall, or failing to clean up spillage after they had the opportunity to do so.
Answered on Jan 08th, 2014 at 5:37 PM
You might have a personal injury claim, depending on the circumstances surrounding your fall. However, I would not recommend "filing charges." What you have described is not a criminal but a civil matter. Your best option is to consult a local personal injury lawyer to see if you have a case.
Answered on Jan 08th, 2014 at 5:36 PM