QUESTION
My wife ingested glass that was served in a drink at Hilton in California. What should we do or not do?
Asked on Nov 05th, 2012 on Personal Injury - California
More details to this question:
When my wife swallowed her drink she felt pain going down her throat. She was able to stop some of the glass from being swallowed and spit it out. A incident report was completed by the night security officer. Two waitress witnessed the bartender break some glass while preparing my wife's drink and did not replace the drink or start over. Zurich a liability company called and explained to me that my wife's drink would be refunded and would provide medical coverage up to 1000 dollars for my wife to seek medical attention.
5 ANSWERS
Depending on the severity of the injury, you may be entitled to more than what is being offered. You should make sure your wife's injuries are medically taken care of and she is not seriously injured in any way. Once you know this, then you should negotiate with Zurich for the medical bills and, if you feel she is entitled to it, seek some payment for pain and suffering and emotional distress that comes along with swallowing glass. Zurich may well revoke their offer if you try to claim more, and if that happens, you should consult an attorney. You would have 2 years within which to bring a lawsuit against the establishment and the bartender if you cannot resolve the matter. If you are reasonable in your demand, the insurance carrier may settle without much fight. If you seek an unreasonable amount, they will simply delay and force you to take them to court.
Answered on Nov 06th, 2012 at 4:04 PM
Insurance Defense Litigation Attorney serving Auburn, CA
at
Graves Law Offices
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Before you can evaluate what to do need to determine what injuries, if any, that your wife may have. Assuming there is a chance she swallowed glass would at least to primary care physician or urgent care to have x-rays done to determine if there is any glass in her system. If there is would want to know what the doctor's assessment is of the risk of organ laceration or what his/her prognosis is given the glass in system. The $1,000 they are offering is under their Med Pay coverage and is separate and apart from their liability of negligence or worse for punitive damages, given the bartender's knowledge of the potential for injury if he served the drink in the same glass knowing that he had broken glass during the preparation. However, the claim is going to be tempered by what injuries your wife has, not what she may have, although that issue may increase her claim for emotional distress.
Answered on Nov 06th, 2012 at 4:03 PM
Rabeh M. A. Soofi
I am very sorry this has happened to your poor wife. I think your wife should get medical treatment right away for X-rays, MRIs, and other scans to make sure there has been no organ damage, and I think you should contact an attorney right away as well. Zurich will likely try to settle this claim with you quickly and on the cheap. First, it is extremely important to make sure the glass did not do serious damage. Once this is done, your lawyer will be in a position to negotiate effectivey with Zurich to make sure you are getting everything you and your wife are entitle to. Although some people try to do this themselves, the statistics are clear that injured individuals with lawyers recover more than injured individuals on their own. You should select an attorney very carefully. Interview a few, and go with someone you feel completey comfortable with. If I can be of any further help, please let me know.
Answered on Nov 06th, 2012 at 4:02 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Well, start by having your wife fully checked out by a physician. I'm not a doctor so I can't coomment on the possible harm done or the length of time to wait before she's in the clear. Write a letter saying you expect that all medical expenses will be paid, then present the bills. o not sign a release and keep open your right to sue for additional damages.
Answered on Nov 06th, 2012 at 4:02 PM
Family Law Attorney serving Escondido, CA
Partner at
Law Offices of Nadine M. Sayegh
You should promptly hire a lawyer to help you with a personal injury claim against Hilton and Zurich. Hiring a lawyer as soon after the incident as possible will provide you with the security that your legal rights are being protected while your medical needs are being tended to. At this time, you do not know what, if any, long term effects this incident could have on your wife and you wouldn't want to settle your claim without making sure she has completely healed. Zurich is offering to pay the medical expenses but is essentially trying to cut out any payment for pain and suffering. I would not negotiate with Zurich on your own as they are a large insurance company and it could get tricky. You need to keep all receipts for co-pays and prescriptions, document everything in a journal, follow all doctor's orders, do not provide Zurich with a recorded statement and then seriously consider hiring a lawyer to help you negotiate settlement of your claim. This response is not intended to create an attorney-client relationship and is simply for informational purposes only.
Answered on Nov 05th, 2012 at 8:19 PM