How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon, Esq. Your Own Question

Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1831
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
69271599
Type Your Personal Injury Law Question Here...
Brandon, Esq. is online now
A new question is answered every 9 seconds

I got very severe food poisoning after eating at a very upscale

Customer Question

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?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Brandon, Esq. replied 1 year ago.
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?
Expert:  Brandon, Esq. replied 1 year ago.
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 www.Martindale.com. 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., Attorney
Satisfied Customers: 1831
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

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

Expert:  Brandon, Esq. replied 1 year ago.
Thank you very much. If you have any additional questions please do not hesitate to ask for me specifically here:

http://www.justanswer.com/law/expert-accident-expert/

Have a wonderful rest of your day.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    514
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    384
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    379
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    366
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    361
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Attorney

    Satisfied Customers:

    347
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.