How to go about a food poisoning claim without a lawyer?
My family got sick from rotten fish. The owner from the store has apologized and accepted liability. I suffered acute gastroenteritis. I have reports of inspection violations; other complaints of bad meat from consumers. So how do use this info best to my advantage when dealing with there insurance adjuster?
You would submit the medical reports, medical bills, wage loss documentation and written inspection violations and written complaints of bad meat to the insurance carrier. The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering. Compensation for pain and suffering is an amount in addition to your medical bills. Each member of your family who became ill would have a separate claim based on their medical reports. If your children are under 18, you will need to be appointed guardian ad litem to represent them.
You should place a dollar value on each case; possibly quadruple the medical bills to compensate for pain and suffering, NOT EXPECTING TO GET THAT AMOUNT, but just for purposes of initial negotiation with the insurance carrier. The insurance carrier will respond with a lower settlement offer on each case which you can accept or reject. If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit for negligence against the store. If the case is not settled, you will need to file your lawsuit before the expiration of the statute of limitations or you will lose your rights forever in the matter.