Son choked on plastic in coleslaw...

by Edith
(Texas)

My son was eating coleslaw from KFC (he is about 1 year old) and started choking. I reached into his mouth and pulled out a piece of plastic! It looks like the sealed end of a bag that was opened. I am in talks with the insurance company but they are only offering $1000. Does my son deserve more?

I tried to take him to the doctor but with no insurance I haven't been able to take him more than once, and he said my son's throat looked ok. I had to miss work a couple of times and also my son is scared to eat! What should/can we do? Thanks.

Visitor Question:
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ANSWER for "Son choked on plastic in coleslaw...":

Edith (Texas):

From the facts you present, it appears the offer of $1,000.00 may be quite fair. In most cases, insurance companies base their settlement offer on two items: negligence and damages. In your son’s case, it appears clear the restaurant was negligent in permitting a piece of plastic to remain in its food.

Damages can include your son’s medical bills, your out-of-pocket expenses (for such items as medications), your lost wages (while taking your son to the doctor and caring for him until he is fully recovered), and your son’s pain and suffering. Here's a more in-depth look at everything you can claim for damages.

Your damages so far appear to be one visit to the doctor, and a couple days of missed work. Fortunately, your son does not appear to have any permanent damage other than his fear of eating. That fear will likely pass when he becomes hungry.

The pain and suffering your son experienced appears to have been transient. That means it appeared and left just as quickly. Unfortunately, the law does not permit mothers to recover pain and suffering vicariously for their children's injuries.

Be sure not to accept any settlement offer from the insurance company until you are absolutely sure your son is fully recovered. That includes not signing any releases or endorsing any checks from the insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION