QUESTION
Do I have a case if I choked on a branch that was in spinach and I have been to the doctor’s and therapy as a result?
Asked on Apr 04th, 2014 on Personal Injury - Alabama
More details to this question:
In 2013, I was home alone eating spinach, choked on a huge spinach branch, slammed myself against the wall, hitting the back my neck to get it to come up. As a result, I have been going to the doctor for throat, neck and back pain. My medical care has been in process for 6 months. My medical bills accumulate to almost $18,000. I have been communicating with the company’s insurance company. Can you offer some advice?
6 ANSWERS
Ronald A. Steinberg
You may not have as strong a case as you think.
Answered on Apr 14th, 2014 at 5:43 AM
Edwin K. Niles
You seem to have a good case, although somewhat unusual. With such high medical bills, you really should have an experienced injury lawyer. The insurance company is not your friend; they will take advantage of you if they can.
Answered on Apr 08th, 2014 at 7:49 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You have a case that may be compensable, but it would be helpful to know more details about what happened after the incident with the branch and what type of medical treatment you have been under.
Answered on Apr 07th, 2014 at 1:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get a local personal injury attorney. The problem is that spinach stems are likely to be in spinach so it is not clear to me that the manufacturer was negligent. A local attorney may be able to flesh that out a little bit.
Answered on Apr 07th, 2014 at 11:11 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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My advice is: take what you can get.
Answered on Apr 07th, 2014 at 11:02 AM
James Eugene Hasser
I am not so sure how strong of a case you may have since the branch was part of the spinach? In other words it was not a foreign object? It is like a fishbone in fish? See if you can get the company to accept liability in writing. You may also want to consult an experienced lawyer who has handled foreign objects in food cases. Good luck.
Answered on Apr 07th, 2014 at 10:51 AM