I stopped at a restaurant to purchase a fruit drink and a couple of meals. When I get home and began to drink I felt pieces of something come through the straw. Assuming this was just pulp I continued to take another drink.
I noticed a sharp piece that I pulled from my throat and it was plastic pieces of something ground into my drink. I made the owner aware of the plastic immediately. He says it was probably a ground up lid. Their insurance company called me to take my statement of what happened.
If I do not have a major injury but my throat was scratched up and pieces were swallowed what can be done if anything at all?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Shelley,
From the facts you present we are unable to tell if you received medical attention. If you did the physician’s Diagnosis of your injury would be very important.
Once your injuries are diagnosed and treated the physician will be able to create a Prognosis which will include a description of your future limitations, if any, and the additional treatment you will need to receive in the near future.
If you have injuries, the costs of treatment, your out of pocket expenses, and any lost wages would all be taken into account if you pursued a claim against the restaurant.
Alternately, if the foreign object scratched your throat, but medical attention was not necessary, you will not have much of a claim. To have a claim you must have damages. Damages are a product of the combination of your medical bills, out of pocket expenses, and possible lost wages. All of these do not have to be included, but at a minimum you would have to have some medical bills.
If you haven’t seen a physician yet, maybe you should. Being sure your throat is not permanently scarred, and that you may not have suffered any injuries which might appear later on is important to know.
When the insurance company’s representative, called a Claims Adjuster, took your statement a claim number, or reference was created. If you have suffered any long-term latent injuries you will be able to refer back to that claim number for future negotiations.
Learn more here: Foreign Object in Food Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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What came of this? I had the exact thing happened to me yesterday.
I found weird stuff in my hot drink and my skin just wrinkled looking at it.
I was drinking a Starbucks drink ice latte and what next felt something on my tongue. It was half inch long plastic I sent Starbucks pictures and kept the plastic too.