Injury Lawyer for Slip and Fall Accidents at Wendy’s
When stopping at a fast food establishment like Wendy’s, your most pressing concern should be whether to upsize your fries or drink, not how to navigate a store full of dangerous hazards. Unfortunately, unsafe conditions often exist at Wendy’s which can lead to a slip and fall accident. Slip and fall accidents at Wendy’s often cause serious injuries that are painful and take significant time to heal. In addition to the physical pain and trauma, victims also suffer the financial burden of unexpected medical expenses and income disruption.
Falling down in public can be embarrassing and sometimes victims minimize the extent of their injuries or blame themselves for the accident to avoid making a scene. While this reaction is understandable, it is possible that the victim isn’t to blame at all. Hazardous conditions may exist in a Wendy’s restaurant that cause an accident, making the store owner liable for damages.
If you or a loved one have been injured in a fall at Wendy’s, you may be entitled to financial compensation. The slip and fall lawyers at Hill & Moin can evaluate the circumstances surrounding your case and assist you in seeking compensation for your injuries.
Call Hill & Moin at (212) 668-6000 for a free consultation today.
Slip and Fall Hazards at Wendy’s
Wendy’s is a very popular restaurant, and for good reason, they offer fast, affordable meals for families and individuals on the go. Unfortunately, this popularity can also contribute to unsafe conditions. Crowded parking lots and dining rooms, impatient customers, and the general hustle and bustle makes keeping up with maintenance a real problem. Regardless of the challenges, business owners have a legal duty to keep their premises reasonably safe at all times, failure to do so makes them liable for damages should a customer be injured.
Hazards that may be found at Wendy’s include:
- Unattended spilled drinks or food
- Mopped floors that are still slippery and have no warning signage
- Garbage, boxes or clutter in the walkways
- Curled mats and carpet runners
- Uneven flooring
- Accumulation of snow and ice on sidewalks and in parking lots
- Inadequate lighting
Proving Negligence in a Slip and Fall Case
Businesses are required by law to keep their establishments in good working order and reasonably free of hazards and dangerous conditions. This law is often called a “duty of care” and its purpose is to keep the public safe and minimize accidents. Many restaurants take their duty to care seriously and unfortunately, others do not.
Proper maintenance of a fast-food restaurant includes regular inspections, prompt repairs, constant monitoring of dining rooms, kitchens, parking lots and bathrooms etc. If a repair or condition cannot be remedied promptly, proper signage must be displayed to warn customers to avoid the area.
In order to successfully settle a slip and fall injury claim, you must be able to establish the following:
- That Wendy’s had a legal duty of care
- That the business failed in its duty
- That as a result of this failure, an accident occurred
- That as a result of the accident injuries occurred that caused physical, financial and or psychological harm
Evidence must be presented to support each of your claims, including evidence to support the dollar amount you are seeking. Due to the complexity of slip and fall cases and the often overwhelming prospect of taking on a large restaurant chain, many victims of slip and fall accidents find greater success by hiring a personal injury attorney to represent them.
Evidence: The Key To A Successful Slip and Fall Case
Your personal injury lawyer will investigate the facts of your case and gather the evidence required to prove your injury claim. Types of evidence gathered may include, but is not limited to:
- Victim testimony
- Video from in-store cameras or by-stander footage
- Eyewitness reports
- Photographs of the location
- Photographs of injuries
- Past negligence violations by the store
- Medical bills related to injuries
- Employer reports of days missed from work
- Accident report filled out at the scene
In some cases, it may be helpful to contact experts who can provide testimony about the long-term effects of your injuries as well as the psychological toll the accident has taken. Having a lawyer and other professionals working together on your behalf greatly increases your chances for a fair settlement.
Negotiating With an Insurance Company
Most fast-food chains will have insurance to cover their expenses related to a slip and fall accident. Insurance companies are motivated by their own bottom line to pay the least amount possible and will use multiple tactics to do so. Often, an insurance company will make a low-ball offer to a victim before they have contacted an attorney, or they may try to intimidate or bully a victim into accepting an offer they are uncomfortable with.
Having a lawyer with your best interest in mind is the best way to get a fair settlement from the insurance company. A lawyer will present the evidence they have gathered to prove your claim and to justify the amount you are seeking. Often, a fair settlement can be negotiated in a timely manner. If however, the insurance company refuses to come to an agreement, your lawyer can file a civil lawsuit and seek fair damages in court.
Typical Damages Recovered From a Slip and Fall Accident
No two accidents are the same, and while the dollar amount may vary from case to case depending on the severity of the accident, the categories or types of damages that are sought typically fall into the following categories.
- All medical expenses related to the accident
- Future medical expenses
- Lost income
- Lost work benefits
- Future loss of income
- Pain and suffering
After a thorough investigation into the specifics of your case, your lawyer will be able to give you an accurate estimation on what your claim is worth and how much would be reasonable to seek in a settlement.
Hill & Moin Helps Victims of Slip and Fall Accidents
If you have been injured in a slip and fall accident at a Wendy’s or any other business establishment, the lawyers at Hill & Moin are here to help. Taking on a large business can be intimidating, but you don’t have to fight alone. At Hill & Moin we have you and your best interests as our top priority.
Being hurt in an accident is stressful and places a financial burden on victims. At Hill & Moin we offer a free consultation so you can discuss your case without any added stress. During the consultation we can answer any questions you have and give you the information you need to move forward.
To schedule your free consultation call (212) 668-6000 or contact us.