Personal Injury in Restaurant - How to Get Response to Requests?

[margdv]

Hi. I slipped over a lettuce leaf in a restaurant while walking to the checkout to pay. I fell frontwards on the cement floor, breaking my hand and getting concussion, a black eye, a big lump on my head and a very bruised left side of my body.

I have had considerable medical costs and travel costs, not to mention the pain as well as the possibility of an operation as one of the fingers is not straightening.

I have visited the restaurant afterwards and spoken to the manager. I also sent a registered mail requesting information regarding their insurance, but they did not respond.

A personal injury lawyer is now looking at the case and has written 3 times to the restaurant but they keep ignoring the lawyer as well. There's now talk about getting a barrister involved but I can see this becoming a very costly issue for me on top of the other costs I have had to make so far.

Can someone please advise what steps can be undertaken so that the restaurant (their insurance) can be made liable or how to even get the name of the insurance for compensation?

I do have witness statements regarding the accident.

 

[Tim W]

If you have already engaged a lawyer to assist you,
then it is not reasonable for lawyers in here to comment
on that question.

It is, however, a question you should ask the lawyer you have.

You should also talk to them about costs.

 

[John R]

Hi margdv,
I agree with Tim. If you already have engaged a personal injury lawyer in this matter, they should be able to clearly explain the options (and potential costs) associated with any next steps if the restaurant is not responsive. If not, then you may want to consider engaging another personal injury lawyer to assist you.

 

[margdv]

thanks for the reply, both of you.
The lawyer is doing her best but the restaurant is not responding.

My question merely was what happens when the restaurant does not provide the name of the insurance to them or worse does not have an insurance? where do I stand than?

I can not see a conflict of interest for asking a question like that.
Ok so I engaged a lawyer does that mean her opinion is the only opinion and I can not ask other peoples opinion and advise?

unless this forum is used to solicit work from people that have legal problems.... just saying

 

[John R]

My question merely was what happens when the restaurant does not provide the name of the insurance to them or worse does not have an insurance? where do I stand than?

Hi margdv,
You would then generally consider suing the restaurant directly (as a sole trader, partnership, company, etc.).
The other consideration is that sometimes people ignore legal letters until the legal threat becomes "real" (e.g. they've been sued with mediation date set, etc.). In this situation, it may be worthwhile to consider picking up the phone and making a call to the restaurant, visiting the place of injury, etc.

As a side note, my personal reluctance in responding to your question is that this is a legal forum for popular legal questions - not legal advice. Most members that ask questions do not have the means to engage a lawyer and/or access traditional legal aid. Because of this, if a member does have a lawyer, I personally encourage them to continue to work with their lawyer given that their lawyer should know the full facts of their matter (something that can't be readily known when asked as a relatively brief question on a forum) and can provide appropriate advice.

All the best. Please keep us updated.

 

[Paul Smith]

I agree with Tim, better for you to ask all your questions on what to do, what are the legal steps that he/she is thinking of and from time to time you can ask update on the matter. Just wait for further instructions of your lawyer, I'm sure he is doing his best to help you out.