DoI have grounds to get my medical bills, missed work, pain and suffering money paid ifI got food poisoning from a restaurant?

UPDATED: Jan 9, 2012

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DoI have grounds to get my medical bills, missed work, pain and suffering money paid ifI got food poisoning from a restaurant?

I contracted food poisoning from a local Chinese restaurant and had to go to the ER. I have half of the food I ate in fridge. I filed with dept of health. Should I vac pack and or freeze the remaining food as evidence? It’s been 6 days.

Asked on January 9, 2012 under Personal Injury, Pennsylvania


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

Answered 11 years ago | Contributor

It would be advisable to save the food as evidence in the freezer.

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 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 your injury 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 you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and sue the restaurant for negligence.  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.

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 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.

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