If I got severe food poisoning at a restaurant, pizza, Can I go after the restaurant for bills and pain and suffering?

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If I got severe food poisoning at a restaurant, pizza, Can I go after the restaurant for bills and pain and suffering?

I have no insurance and now hospital bills.

Asked on December 7, 2011 under Personal Injury, Alaska

Answers:

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

Answered 9 years ago | Contributor

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the restaurant's insurance carrier will consist of these items.  Compensation for 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 restaurant's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the restaurant.  If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the restaurant's insurance carrier, you will need to file your lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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