You hire a lawyer to sue them.
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Consult with an experienced PI attorney in your area. Do not listen to the adjuster for the insurance company. Best of luck.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
In addition to the excellent advice you have received from the CA attorneys, report this to the health department in the municipality in which you made the purchase. Save the receipt. Retain counsel ASAP or sooner. Food poisoning "cause-and-effect" is not as easy to establish as one might hope.
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
The other attorneys have provided you with some excellent advice. Contact a couple of personal injury attorneys local to your area and discuss this with them. Select one you feel comfortable with. Keep all evidence of this incident. Most personal injury attorneys provide a free consultation. Sorry this happened to you. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
OK, I will stand apart from the choir here and tell you straight out: the reason that the market is not willing to talk with you is that the amount of your claim is wholly out of whack with the factual allegation.
Large retailers, and large fast-food and prepared foods businesses have access to huge amounts of highly-refined and well-analyzed data based on decades of actual shared experience in minutely categorized and statistically managed fact patterns. They could give training sessions at the local emergency rooms as to exactly what it can reasonably cost when a customer eats some bad food. And, in the ordinary course, their claims folks -- in house or external -- will swallow and deal with it when the data is torqued in an individual case by 2 - 5%. But $13,000 for a bad dish of oysters? Not even close! You have a long and difficult litigation ahead of you. Can't say who, but whether it was you or the medical facility, someone let their ambitions for a big payday run wholly out of control here. And the retailer doesn't intend to stand the costs of that self-help.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
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