What are my rights if I ate a sandwich that contained an insect cooked inside the food?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I ate a sandwich that contained an insect cooked inside the food?

I took pictures, and still have the sandwich. I was seen at the ER and was prescribed medication. The insurance company for the restaurant contacted me and said they were investigating the incident. He offered to express mail an “ice box” and wants me to send them the sandwich so he can see the insect. Since I won’t be getting a huge payday, should I be sending it to him?

Asked on August 5, 2015 under Personal Injury, Georgia

Answers:

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

Answered 6 years ago | Contributor

Since you have pictures of the sandwich and insect, you can send the sandwich to the restaurant's insurance company in the ice box.

Your personal injury claim filed with the restaurant's insurance carrier should also include your medical bill, medical report, and if applicable, documentation of any wage loss.

Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the restaurant's insurance carrier, you can 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 lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Considering that you won't receive much compensation in the case, it is probably not worth filing a lawsuit.

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

Answered 6 years ago | Contributor

Since you have pictures of the sandwich and insect, you can send the sandwich to the restaurant's insurance company in the ice box.

Your personal injury claim filed with the restaurant's insurance carrier should also include your medical bill, medical report, and if applicable, documentation of any wage loss.

Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the restaurant's insurance carrier, you can 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 lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Considering that you won't receive much compensation in the case, it is probably not worth filing a lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption