You are better off filing a small claims action that will get you a hearing faster and won't cost you as much in time or stress. The jurisdiction in small claims is $10,000 and even if a jury were to find fast food chain was negligent, which is not a slam dunk, however, even assuming they do they are not going to award much in the way of damages. If they like you could be as much as $2,500 if you testify that you suffered a large degree of emotional distress, which the jury finds is reasonable, or $1 is they think you are being a whiner. Small claims will cost you $50 to file and will typically get hearing date within 60-75 days depending on where you live and what jurisdiction you live in.
Answered on Dec 18th, 2012 at 9:34 PM