McDonald’s is America’s most popular fast food restaurant, with a gross profit of $12.58 billion just for the year 2021. It’s hard to find a city or town that doesn’t have a McDonald’s, and chances are, they’re extremely busy no matter what time of the day it is. Unfortunately, these locations are the perfect setting for an accident that can result in serious injuries.
To prevent accidents as much as possible, McDonald’s staff and management must take certain measures to ensure the safety of their property. These measures include routine cleaning and maintenance, as well as adequate security in and outside of the restaurant. If the restaurant’s negligence led to an accident that caused you injury, you can pursue monetary damages through an insurance claim or lawsuit.
Whether you have just been injured or have a pending claim, there is one pressing questions you may have on your mind:
“How long do I have to wait until I get paid for my injuries?”
How long does it take to Settle an Injury Claim against McDonald’s?
The process of settling an injury claim against McDonald’s will take 6 to 12 months, depending on the case. Generally, cases with minor injuries will settle the fastest, maybe in the first 30 days. However, insurers for mega corporations like McDonald’s are dealing with a huge volume of claims at once. Thus, it could take the company 3 to 6 weeks just to respond to your initial demand letter.
Furthermore, the company is likely to make you an offer that’s less that what you asked for. In that case, you will negotiate back and forth until you agree on the numbers. This process can take up to a year depending on:
- The amount of time in between each offer and counter-offer (keep in mind that offers have to in writing and mailed back and forth).
- The number of offers and counteroffers that are needed before you can achieve an agreement.
If you are unable to reach an agreement, or the insurance company is unwilling to negotiate a fair settlement, you may have to sue them to recover your damages. Things get very complicated once you’re at the lawsuit stage, so it’s essential to work with an experienced premises liability lawyer. If you’re in need of an attorney that can sue McDonald’s for your injuries, please give us a call at our office.
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Accidents that can Cause Injury at a McDonald’s
There are many potential hazards at a McDonald’s location that can lead to an injury. Some of these injuries happen inside the restaurant, like near the soda fountains and in the bathrooms. But accidents can also happen outside, especially in parking lots and drive thrus. Staff and management must maintain the entire premises to prevent the following accidents:
- Slip and fall
- Trip and fall
- Falling objects
- Parking lot accidents (collisions, hitting a pedestrian)
- Drive through accidents (rear end collisions, hitting a concrete barrier)
- Assault and battery
- Robbery / muggings
- Sexual assault
- Bathroom accidents and injuries
If you’ve been injured through any of these incidents, please get medical attention right away. Your injuries may not appear that serious, but you should always have a doctor examine you just in case. Additionally, proof of your injuries is required in order to file an injury claim against McDonald’s. After you’ve been treated, contact our office so that we can advise you of your rights and legal options.
Injuries from an Accident at McDonald’s
Being in an accident at a McDonald’s can leave you with any number of injuries, including:
- Cuts and bruises
- Burns
- Scarring / disfigurement
- Broken nose / facial bones
- Eye damage
- Dental injuries
- Fractured ribs
- Dislocated / fractured shoulder
- Dislocated kneecap
- ACL / MCL tear
- Nerve damage
- Neck injury (whiplash)
- Hip fracture
- Traumatic brain injury
- Back / spinal cord injury
- Broken wrist / hand fracture
- Broken tailbone
- Ankle sprain / fracture
- Loss of limb / amputation
- Coma
- Paralysis
- Death
The type of injuries and their overall effect on your life determines the amount of damages you are entitled to. These injuries, by the way, can be emotional in nature, such as pain and suffering and loss of enjoyment of life. One of our attorneys can figure out a fair amount to ask for and ensure that you receive every penny of the damages you deserve.
Other Factors that Affect how long it takes to Settle Your Case
We’ve talked about the negotiation process between you and the insurer, and how that can take anywhere from 6 to 12 months before you are fairly compensated for your injuries. But there are various other elements that can affect how long it will take to settle your case:
- Disagreements over the types of treatments that are needed
- Disputes over the value of emotional damages, like pain and suffering
- If multiple parties are involved in your accident (split liability)
- Expenses for on-going / future medical treatments
Other issues may be involved depending on your accident, so it’s best to discuss your case with a knowledgeable attorney.
Why is the Insurance Company Stalling on my Payment?
When you file an insurance claim, the company has a right to investigate your accident to make sure that your compensation demands are valid. This process can take a long time depending on the complexity of your accident and the extent of your injuries. During this time, it’s natural to get frustrated and feel like the insurance company is stalling on your claim.
Of course, there are cases where insurance bad faith is at play, meaning the insurer is intentionally holding up your claim to avoid making a payment. One of our lawyers can review your case and verify whether you are in this situation. If so, there are legal actions we can take against McDonald’s insurance company, but you must act now to avoid unnecessary delays in your case. To learn more, contact our law firm and speak with an insurance bad faith attorney.
Future Medical Treatments and Lifetime Cost of Care
As you’re probably aware, the amount of compensation you’re asking for has a lot to do with how fast you can settle your injury case. This is to be expected, as it’s the insurance company’s job to save their client’s money. One expense that most insurers will dispute is future care expenses, which include medical treatments and rehabilitative services, like physical therapy. In the case of severe, lifelong injuries, victims may need assisted care from a nurse or home health aide.
You may feel tempted to give in and accept an offer that only targets your immediate needs. But doing so can leave you with health complications for the rest of your life. You may also have trouble paying bills and taking care of your family if you’re unable to work due to disability. To prevent such devastating consequences, it’s important to fight for your future losses, as well as your current ones.
Can I Sue McDonald’s for my Injuries?
Yes, you can file a lawsuit against McDonald’s if you are unable to negotiate a settlement with their insurance company. The timing of a lawsuit is crucial, as most accidents have a 2-year statute of limitations. That means you have two years from the date of the accident or the date you discovered your injury to file a lawsuit for monetary damages.
As we mentioned before, the first 6 to 12 months should be spent on trying to negotiate with the insurance company. But if you’re not getting any closer to a fair settlement, a lawsuit may be the only option. Maybe you’re at this point already, but there’s been little to no action on your case.
How can I Settle my Injury Claim Faster?
There is a lot of work that has to be done by your attorney before a lawsuit can be filed. This can be an agonizing time for clients, who may wonder if anything is being done on their case. A caring and competent lawyer should be able to put your mind at ease by giving you clear, detailed explanations of what’s going on with your lawsuit. But what if your lawyer is difficult to get in touch with? What if their explanations are vague and confusing and you’re left with more questions than answers?
Free Second Opinion
Switching your lawyer may help you settle a claim that’s sitting on idle, but you’ll want to make sure that your lawyer is at fault for the holdups in your case. If it’s taking too long to settle your McDonald’s injury claim and you believe your lawyer is to blame, we may be able to help with a second opinion. This is your chance to speak with one of our attorneys and verify if there are any red flags concerning your attorney’s service.
We will also discuss our strategies for resolving your case as soon as possible. Depending on the situation, we may be able to settle your case in 30 days. No matter what, you can be sure that we will do everything in our power to recover your settlement and help you move forward from your accident.
If you’re ready to learn more from one of our attorneys, give us a call and schedule a free second opinion.
Contact our Law Firm
Whether you’re starting an injury claim or have an active lawsuit, it’s essential to have an empathetic and experienced attorney by your side. That’s exactly what we offer at Normandie Law Firm, so you can have confidence in our ability to win your injury case against McDonald’s.
If you’re hesitating to call us over the cost of legal fees, that won’t be a problem with our Zero fee guarantee. You pay nothing upfront when you become one of our clients. All our fees are calculated into your settlement award, so the only way we get paid is if you get paid. Essentially, there is never any risk to you or your family when you choose the lawyers of Normandie.
If you’ve been injured on the premises of a McDonald’s restaurant, contact our law firm and speak to a California personal injury lawyer.
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