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Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1949
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I got very severe food poisoning after eating at a very upscale

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I got very severe food poisoning after eating at a very upscale sushi restaurant. I was hospitalized for three days ..had medical complications...missed work...and the medical bills are now over $30000. The stool sample was inconclusive,but two doctors have stated it was most likely food poisoning. Im positive that it was!! Of course the insurace adjuster is trying to say there was no liability . Whats my next step?
I am terribly sorry to hear that this has happened to you. To best assist you I will need a little more information. Do you know if anyone else at the restaurant was sick that day? Have you done a google search on them to see if there are any other reports of people getting sick there? The doctors that stated it was most likely food poisoning, would they be willing to testify to this? Finally, what else did you eat that day. Were there any witnesses who the restaurant could call who would attest to what you ate earlier (or later) in the day?
There are two types of liability coverage a restaurant like this would have. The first is general liability. The second is negligence. General liability usually has a medical payments coverage portion of the policy which will pay a particular amount for anyone who is injured on their property. You have very strong grounds to get this part of the coverage. The problem, is that this coverage is usually only around $5,000. The second type of coverage is for negligence. Negligence occurs if the restaurant failed to exercise reasonable care that a reasonable person would exercise in their place. This is much harder to prove, but not impossible. For example, if anyone else was sick at the restaurant, the chances of you succeeding on a claim go up exponentially. This is because if only you were sick, they can argue that 1) you got sick somewhere else, and 2) even if you got sick there, it was a freak occurrence and there was nothing they could have done. If someone else also got sick, then it would 1) prove you got sick there, and 2) give a strong argument that the food must have been mishandled. Not just one piece, or your portion, but the entire thing was left out to long, or shipped improperly, or there was some act which was below the standard of care.

As for what to do now, you need to try to 1) contact a personal injury attorney in your area immediately. Not having an attorney in a case like this will cause the insurance company to walk all over you, prolong everything, and cause your life to be miserable. And 2) look up any and all information you can about this restaurant and hopefully find some other person out there who also got sick that day. If you are really lucky, you may even end up with multiple people.

If you decide to hire an attorney, a great resource is This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with. In a case like yours, an attorney will likely take your case on contingency, which means that you will owe nothing out of pocket.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day, and good luck!
Brandon, Esq. and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.

Idid finish all the steps. I gave u an excellent rating.

Thank you very much. If you have any additional questions please do not hesitate to ask for me specifically here:

Have a wonderful rest of your day.

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