If my wife was served raw chicken at a restaurant, would we have a case for medical expenses if the company does not voluntarily pay?

Asked on September 2, 2015 under Personal Injury, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The restaurant's insurance carrier should be notified in writing that your wife will be filing a personal injury claim.
When your wife completes her medical treatment and is released  by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of any wage loss.  Her personal injury claim filed with the restaurant's insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement.
The medical reports will document the nature and extent of her medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.
If your wife is dissatisfied with settlement offers from the restaurant's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled with the restaurant's insurance carrier, your wife's lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.

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