Legal Question in Personal Injury in California
Allergic Reaction
I ordered through drive through a
plain cheeseburger. Checked it still
half wrapped inside and it was plain (I
am allergic to mustard) I ate half of it
and tasted something funny. I fully
unwrapped it and seen mustard
smeared on the bun (and on the
piece I immediately spit out) I went
to the hospital (drove myself, after
pulling over and taking benedryl)
they gave me another pill also and
had me wait there for almost an
hour. The insurance company has
called me and asked me to release
the medical information along with
sending the ''evidence'' cheeseburger
and receipt. What should I expect?
3 Answers from Attorneys
Re: Allergic Reaction
Probably an apology and a free burger coupon.
Re: Allergic Reaction
Quite frankly, I would not expect much. The insurance company is only interested in their bottom line and not in compensating you. At minimum, were you to proceed without an attorney, I would suggest you at least request to be compensated for your medical expenses, lost wages and "pain and suffering." That being said, you should consult an attorney before accepting their offer.
Yours truly,
Bryan
877.201.8728
Re: Allergic Reaction
IF you told the burger order taker that you were allergic to mustard and that it was important that your cheeseburger be free of mustard; and IF you have a witness that you made this special order, then MAYBE you can hope to recover your medical bills and a couple hundred dollars for your ordeal.
Without a permanent injury, I doubt that a judge or jury is going to award more than that.
If your allergy to mustard is more serious than your question indicates (such as a peanut allergy that can be life-threatening), then I might re-evaluate the situation.