QUESTION
Is my lawsuit worth the effort and why?
Asked on May 06th, 2015 on Personal Injury - Montana
More details to this question:
I had a seafood dish at a restaurant and got food poisoning. I missed two days of work but did not go to the doctor. Is this just frivolous? I have a feeling it happens often.
12 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's not exactly frivolous, but it's likely a waste of your time. Without the testimony of a doctor who examined you when you were first stricken, how can you show that what you suffered came from the food at that restaurant? Good Luck.
Answered on May 08th, 2015 at 11:51 AM
James Eugene Hasser
It is up to you whether to sue, but it is probably not worth pursuing because it will probably cost you more than you are likely to get out it, especially with no medical evidence of your injury. Good luck.
Answered on May 07th, 2015 at 2:41 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You probably could not find an attorney willing to take your claim. Unless you put the restaurant on notice promptly and had no medical treatment you may be wasting your time.
Answered on May 07th, 2015 at 9:50 AM
Ronald A. Steinberg
In my opinion, it would not be worth it. The claim is only worth a small amount. The fact of making a claim would get you entered in the insurance data base for making the claim, which potentially could become a future problem.
Answered on May 07th, 2015 at 8:56 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You use the phrase "my lawsuit" implying that you already have one, but from the gist of the question, I'm not sure that's the case. The key element here is that you did not go to the doctor. First, that means that you will not have adequate proof that you got food poisoning and that you got it from this source. Second, if you did not need to go to the dr, or an emergency room, then it's not all that serious. So, no, it's not worth the effort.
Answered on May 07th, 2015 at 8:14 AM
Edwin K. Niles
Make the claim, and if they don't respond, file in Small Claims Court.
Answered on May 07th, 2015 at 1:30 AM
Lisa Hurtado McDonnell
It too small of case to hire a lawyer and you have no proof that the cause was food poisoning without a lab test from the a doctor or hospital.
Answered on May 07th, 2015 at 1:29 AM
Thomas Edward Gates
You can get some free meals about all, since you have no damages.
Answered on May 06th, 2015 at 5:53 PM
No, it is not worth the effort to sue by yourself in Small Claims court because how are you going to show that it was the food there that caused your problems. The restaurant would argue that it could be from some other food you ate or maybe you were just allergic to something that was perfectly normal. Call the restaurant,tell the manager or owner what happened, and perhaps they will give you a free meal or two.
Answered on May 06th, 2015 at 5:53 PM
1 Award
How will you be able to prove that the fish you ate at the restaurant caused you food poisoning? How do you fight the restaurant's argument that you may have had the flu? If you file a case, you must be able to prove the case. It doubt that you will be able to do so.
Answered on May 06th, 2015 at 5:46 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Was the incident a long time ago? In accident cases such as yours, it is always helpful to go to the doctor if you feel that you have been injured. If you had seen a doctor in your case, the doctor would be able to tell you if you have a serious injury and also authorize time off from work if medically necessary.
Answered on May 06th, 2015 at 5:16 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Proving how you became infected would be very difficult. Your damages are limited so the cost of suing is not feasible.
Answered on May 06th, 2015 at 5:09 PM