We got food poisoning at a restaurant and their insurance is asking me what we’re looking to get . What do I say? ?

My wife and I got sick from eating at one of our favorite restaurants . When we called them to let them know we got food poisoning they told us to call their insurance . We filed a claim and the adjuster called me today and asked what we’re looking to get out of them, besides the food bill and the doctor bill.... I told him I didn’t know, but my wife was vomiting for 2 days and had to stop breast feeding. What is a realistic request? 

14 Answers

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  • 1 month ago

    Not true.  She did NOT have to stop breastfeeding.  She got really, really bad advice. 

    You can demand whatever you want.  The more you demand, the less likely that you will get anything at all. 

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  • B
    Lv 7
    1 month ago

    you need to contact a lawyer who will take your case for free, in exchange for a settlement per centage. this is very very common on the part of lawyers to take the case for free. however, if you must handle it yourself, think through the evidence you have, any pictures, videos or other support, and the possibility that this illness goes on and on (need a lawyer)

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  • 1 month ago

    $2,000. Nothing less. You should also report the restaurant to the Health Dept.

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  • Anonymous
    1 month ago

    Food bill, doctor bill and 2 days worth of breast milk.

    • Markrem1 month agoReport

      How much is breast milk ?

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  • Anonymous
    1 month ago

    Do not and I repeat do not discuss how much that you expect them to give you with the restaurant or the insurance company call a lawyer and let a lawyer handle it. A lawyer well do a far better job for you then you can negotiate for yourself.

    • ...Show all comments
    • Casey Y
      Lv 7
      1 month agoReport

      I doubt many attorneys would take this case on contingency...too little at the end to split between the lawyer and the injured party. 

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  • hamel5
    Lv 7
    1 month ago

    If they're asking that, they may be ready to settle - probably had other claims 

    So, the medical bills,  any time lost at work and $1,000 a day, per person, for discomfort would be reasonable. 

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  • 1 month ago

    Recover your out of pocket (be prepared to pay back your health insurance company) and ask for a little extra on top.  Ask for too much and they'll fight this in court and perhaps win...because food poisoning is tough to prove.  

    I'd ask for 10-50% of the hospital bills...

    • Anonymous
      Lv 7
      1 month agoReport

      Think more to 3X the hospital bills.  You're not a general contractor.

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  • 1 month ago

    Unless other individuals got sick at the same restaurant, there is really no realistic request.  It can take up to 10 days (or longer) for food poisoning symptoms to occur.

    So ask them if others have also gotten ill.

    Contact the health dept to see if others have gotten ill.

    If not, anything you get from the restaurant is a courtesy.

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    • A Hunch
      Lv 7
      1 month agoReport

      Good thing you no longer a catering owner.  E Coli takes up to 8 days.  Giardia lamblia may take up to 2 weeks.   Many different types offfoodborne illness take 2-3 days. 

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  • Anonymous
    1 month ago

    food bill, doctors bill plus 10% to 20% added on

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  • Anonymous
    1 month ago

    A realistic request is to recoup your actual damages.   Medical expenses, lost wages (if any), refund of the meal, etc. 

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