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I went to the ER hospital after eating seafood (regular seafood

eater) and was told I...
I went to the ER hospital after eating seafood (regular seafood eater) and was told I had acute gastroenteritis: a high white blood count indicating infection. I want to pursue a food poisoning claim against Red Lobster. What should I do?
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Answered in 18 minutes by:
10/24/2013
TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4,430
Experience: Lead Personal Injury Trial Lawyer
Verified
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal questions.

When you sue for these type of claims, what you can recover is: your out of pocket medical expenses, lost wages, and pain and suffering.

Do you have an idea of how much you have in medical expenses and lost wages?
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Customer reply replied 4 years ago

no numbers yet: 1 ambulance and overnight stay in the hospital; I have MS and on medicare and receive ssdi each month. the ins co has made a $1,000.00 offer for medical cost only. I want pain and suffering as well.

I think you have a pretty good case and should consider hiring a lawyer to file this case in district court.

It is possible for you to handle the case yourself in small claims court, but you will have to bring in medical evidence (which can be difficult procedurally) and can only claim $10,000.

You will likely also need to have a doctor state that your sickness was caused by the food you ate that day at Red Lobster. I know this sounds a bit like overkill, but it is generally a requirement for proof of causation in cases like this under Texas law.

A lawyer will be able to put the case in district court and seek a higher amount of damages (if the economic loss you can show justifies it). You should be able to locate several "personal injury attorneys" in your local area on google. I would make appointments with several of them and see which one you like the best.


Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary

TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4,430
Experience: Lead Personal Injury Trial Lawyer
Verified
TexLaw and 87 other Personal Injury Law Specialists are ready to help you
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TexLaw
TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead Personal Injury Trial Lawyer

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