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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to know if I can be monetary compensated if I

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I would like to know if I can be monetary compensated if I drank an outdated product that was purchased from a drug store, if they asked me what can they do for me?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Did you have a reaction to the product? Did you become ill? Did this require a trip to the ER or a doctor? Were there any medical bills or injury?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

I did not go the ER or to the doctor due to the fact that I don't have insurance or the money to pay for the doctor's visit however, I did contact the doctor to let them know. I received a call from the district manager today and he did ask what can they do for me. I wanted to know if I can ask for monetary compensation, if so what will be a reasonable amount. If he decline the amount, what could be my next step, is if late to file a law suit. I did inform the manager that the product made me sick.


How sick did it make you, exactly? What happened?
Customer: replied 3 years ago.

On Saturday, my brother in law purchased Bottles and James beverages from Rite Aid. As I drank it, it didnt taste right to me but I though it was because I wasn't use to that flavor. After a few more swallows my stomach began to hurt. My sister poured it out and said it smelled spoiled. We checked the expiration date and it expired in 2011. Saturday night, my stomach ached a little. On sunday I was had nausea and a little vomiting. Monday I had diarreah and couldn't eat or drink all day. Tuesday a little pain in my stomach, emailed consultadoc which is on the back of my discount card, since I don't have health insurance to let them know what was going on and I took some medication that I previously had. I called the corporate office and explained what happened. Today I received the call from the District Manager and explained the situation to him. He asked what could they do for me and I told him I will call back tomorrow.

Thank you for your explanation.

In this situation, what the District Manager does not want you to do is to file suit and/or complain to the state about what has happened.

If you agree not to sue them and/or file a complaint, then they may offer you limited compensation in return. Not because they have to, but, because they see it as a way to minimize their liability. The key is to get as much out of it as possible, of course.

The case would be stronger had you needed to go to the emergency room and/or had doctor's bills, since this would make your case stronger had you wished to sue. But even without it, considering that they are willing to negotiate, it is possible to reach an agreement.

Someone in your situation may wish to begin at $500 or so... now this is simply a wild estimate, but it is a starting point. Normally, the amount would be calculated off any bills for medical matters, but, since one lacks these, you simply have to come up with a number.

Expect the general manager to counter, and you are likely to meet somewhere in the middle. An attorney is recommended. This is because they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely....whereas an attorney would file suit, so the company's want to settle would be much higher. The attorney normally works on contingency - 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable. But, even with that coming off the top, you are still likely to get more with counsel than without.

May I recommend the SC Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 3 years ago.

Do you think 3000 is too much in a situation where I did not go to the doctor?


I am afraid so... at least this is my opinion. Without medical proof, the company is unlikely to settle for thousands, since if not agreement can be reached, you have little evidence that may be used in Court. Of course, one can start off there with their demand, but do expect this to settle at roughly $500 to $1,000, if that.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished.
Ely and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

You have been most helpful and I greatly appreciate it. Tomorrow, when I speak to the District Manager, Do I say that I would like a monetary compensation of......., How would I word it?


Well, I stand by my strong recommendation to use counsel.

But, if one was to do this yourself, then there is no reason to be coy about it. Something along the lines of:

"I was genuinely injured by your company's negligence. Specifically, (briefly describe injury). I'd like some compensation. I feel $____ is a good amount, and in exchange, I will agree not to pursue legal relief and not to file a complaint with any state authority."
Customer: replied 3 years ago.

Once I say that, if he doesn't accept, can I then get legal representation or will it be too late? Do I inform him? How long does a case like this usually take to settle? It also involves 2 other people that had the beverage as well.


No, you may always get legal representation later on. It is just that it makes more sense to have them from the beginning.

Your attorney will send a letter of representation as soon as they come on the case. The other two people can also be represented by the same attorney.
Customer: replied 3 years ago.

Im sorry, I think this is the last question. Do you think I have a good case since I waited this long and I did not go to the doctor?

No need to apologize.

How long did you wait?
Customer: replied 3 years ago.

This happened on Saturday 4-20-13

It has not been that long.

But, not going to the doctor does hurt you. In fact, individuals in one's position may wish to see a physician to 'bump up' the claim.
Customer: replied 3 years ago.

I will go tomorrow. Thank you so much

You are welcome. Good luck.
Customer: replied 3 years ago.

Im back, I forgot to ask you a question, The district manager asked for the product back, should I wait before bringing him the product? Also, I did contact some attorney's and they are mostly saying that they don't deal with my situation due to there not being an injury, I assume because I didn't go to the doctor so I will be going to the doctor tomorrow.

Welcome back.

One should not send the product back. If you do, then, you will lose your only proof, basically!

One may send a photo for example, but, not the product itself.

Also, I did contact some attorney's and they are mostly saying that they don't deal with my situation due to there not being an injury, I assume because I didn't go to the doctor so I will be going to the doctor tomorrow.

Right... it is hard to prove injury. If one's doctor finds an injury, or at least records the nasty bug it gave you, at least this is something...
Customer: replied 3 years ago.

Hi Ely,

I went to the doctor. As far as my case, the pharmacy said that my claim has been forwarded to risk management on 4-24-13, what does that mean? I have not heard from them yet.


That means that it has been sent to the part of the company that handles such matters. The Risk Management may deal with liability claims in certain companies, such as this one.
Customer: replied 3 years ago.

So will they be the people that I speak to in order to request compensation

Customer: replied 3 years ago.

Will they tell me what they can do for me or would I have to tell them my request first

One would have to negotiate with them just like we discussed earlier. You begin the process.

Customer: replied 3 years ago.

Ok, I went to the doctor, has labs and had to go to the hospital for a stomach ultrasound. I am on 2 antibiotics, 1 nausea meds and cream for a rash that I have. I would like to request 8,000. Do you think that is too much to ask for without legal representation


I cannot in good conscience and due to the restraints inherent in the terms of service for this website make an estimate on how much you should seek in this situation, I am afraid. My apologies.
Customer: replied 3 years ago.

Thank you so much for your time and attention. You continually exude professionalism. Thank you for your help.

Thank you for your kind words. All the best.
Customer: replied 3 years ago.

Ely, I heard from Risk Management and they stated the company that make the beverage that made me sick stated that the beverage has a shelf life of 3 years, what does that mean. According to the beverage, it expired in 2011. They also asked me to return the beverage to the store, should I?

Individuals in your situation may not wish to return the beverage to the store, because that it your primary evidence! Without it, you have no case.

RM is stating that essentially, the beverage was fine and you got sick from something else. They are trying to nip this in the bud. If you wish, you can negotiate and threaten a suit unless they pay out something.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

They said they don't pay medical, I have to go through my health insurance and asked if I was looking to be compensated and I said yes. They said that the will look into this further then get back in contact with me. Is there a time frame in which I can obtain an attorney if I should have to?

You can get an attorney at ANY TIME. However, this should be filed in court (if filed) within a year of injury or you may lose your right to do so under statute of limitations.

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