What are my rights if I ate a sandwich that contained an insect cooked inside the food?
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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 9 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 9 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.
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