QUESTION
What is the appropriate compensation for food allergy negligence?
Asked on Jan 22nd, 2014 on Personal Injury - Ohio
More details to this question:
I recently had dinner at a large chain restaurant with my family. After asking for a gluten free menu and ordering gluten free pasta, it quickly became clear I was served regular pasta. I became severely ill and suffered extreme digestive trauma. In addition, my face, eyes and lips became swollen, as did the joints in my hands and feet (a very painful auto immune response to gluten). After 5 long days, I finally started to feel back to normal. Upon sharing my experience with the restaurant, they submitted an insurance claim on my behalf. How is compensation for something like this established? How much should I expect and/or ask for?
7 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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First. I doubt if you can prove your case. do you have the products, gluten and no have you had them sent to a lab? Do you have experts to testify? You did not mention any medical opinions or medical bills, your emotions of the thing will mean nothing for you. Science and legal process are necessary to establish a decent claim. I don't sense that you are ready for any of that. they might offer to pay your medical bills if any. I would not think much beyond that. if I were their lawyer I am not sure I would pay you anything since you probably cant prove anything. Talk to a lawyer if you think you have a real claim for damages, not just feelings and emotions.
Answered on Jan 23rd, 2014 at 9:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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2 to 3 times medical bills.
Answered on Jan 23rd, 2014 at 9:33 PM
First you would have to prove that you were served non gluten free pasta. The damages are pain and suffering and any medical expenses you may have incurred. The appropriate compensation is whatever you can negotiate with the insurance adjuster, file a personal injury law suit and let the court decide. You probably would need a personal injury attorney to represent you.
Answered on Jan 23rd, 2014 at 9:33 PM
James Eugene Hasser
First, just because the restaurant submits an insurance claim for you doesn't necessarily make them liable. You have to prove they were negligent. Secondly, just because you got sick, doesn't necessarily mean that you got sick from their food. You have to have medical proof via a Doctor's medical opinion that that's what did it. Case values vary significantly from case to case and place to place. Experienced injury lawyers are familiar with such values. Consider consulting one.
Answered on Jan 23rd, 2014 at 9:33 PM
Edwin K. Niles
Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.
Answered on Jan 23rd, 2014 at 9:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Assuming you have witnesses, the case is probably sustainable, which often does not happen in food allergy cases. Get a lawyer to work out a settlement, don't try this on your own. If is too important not to get it right.
Answered on Jan 23rd, 2014 at 8:58 PM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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There is no exact mathematical formula. Typically, a reasonable measure of damages is between 3-5 times the amount of the special damages (e.g. medical expenses; costs of medications; lost wages; other economic losses). This may be offset by considering whether there are collateral sources of payment for medical and other expenses and various other factors. Conversely, any permanent injury or extraordinary pain and suffering or disfigurement would need to be considered.
Answered on Jan 22nd, 2014 at 9:17 PM