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?


Asked on 4/05/09, 10:45 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Allergic Reaction

Probably an apology and a free burger coupon.

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Answered on 4/07/09, 1:19 pm
Bryan C. Becker Your Lawyer for Life.

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

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Answered on 4/07/09, 1:59 pm
Stephen Petix Quinton & Petix

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.

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Answered on 4/08/09, 7:13 pm


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