Can I suea hamburger chainfor selling me molded food?

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Can I suea hamburger chainfor selling me molded food?

Asked on December 11, 2011 under Personal Injury, Ohio

Answers:

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

Answered 1 year ago | Contributor

Did you notify the hamburger chain when this occurred so that there would be a record on file of this incident?

If you ate the moldy food and became ill, you would have a personal injury claim which should be filed with the hamburger chain's insurance carrier.  Prior to filing a lawsuit, it may be possible to settle the case with the hamburger chain's insurance carrier.  If you became ill from eating the moldy food, when you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will consist of your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the hamburger chain's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hamburger chain.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file your lawsuit for negligence against the hamburger chain prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you did not eat the moldy food, you won't recover much, but would still file a claim with the hamburger chain's insurance carrier.  If the case is NOT settled with the insurance company, you would proceed with your lawsuit for negligence against the hamburger chain as noted above.

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