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AKA Wife choked up Fingernail- As of now the Insurance company has Denied our claim of 60$

Hemet, CA |

Now were not trying to be petty but we suffered 3 weeks of food poisoning they Stated in the denial letter That the Foriengn object they received has been proven to not have come from there plant! We haven't sent in the fingernail or tainted product so how can they make that claim and deny us on that when they've done nothing but fight with me Im about to file a complaint with the Department of Insurance. Any other steps I should take Thank you All for Your Help so far………….

Attorney Answers 4


  1. Food poisoning can be a nasty thing and very unpleasant. So, pain and suffering for the plaintiff is often significant. However, it can also be a difficult thing to prove. How do you prove that you got food poisoning from that particular defendant? And how do you prove you didn't get it from any other place that the Plaintiff ate that day, the day before, etc. In my experience, most claims of that sort will be denied before a lawsuit is filed, and if you want to challenge that denial, be prepared to provide very convincing evidence relating to causation. I recommend anyone who thinks they have a $60,000 claim hire a lawyer.


  2. The standard reply from an insurance company, I agree with Mr.Seal you need strong proof.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.


  3. The standard reply from an insurance company, I agree with Mr.Seal you need strong proof.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.


  4. If you are seeking $60k, you should retain a local lawyer to assist you. An insurance carrier considers a deman of that amount a significan demand and they will not pay unless there is adequete proof. You will probably need a lawyer in order to assist you in the process. Good luck.