I was eating a piece of chewy chocolate candy and while chewing I bit into what appeared to be a rotted out baby tooth. I became extremely sick the next morning with nausea, vomiting, and diarrhea which lasted about two weeks. I also have been experiencing severe anxiety and now I am excessively worrying about everything no matter what it is.
I have been under medical care since the incident and my doctor has referred me to a psychiatrist, however, they have a waiting list and I am under medication prescribed by my family doctor until able to get to a psychiatrist.
I did contact the company and advised of what happened first thing the next morning. They apologized and sent me a package to send over the sample. I provided them with all of the information on the packaging; however, I have not sent them the sample. I was advised to consult an attorney before doing anything. I do have the piece of candy and the object still in candy.
Do I have a case?
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.
Absent a psychiatrist’s medical narrative concluding your experience has caused a trauma which is likely to significantly impair your ability to function, you will have a difficult time convincing the insurance company to compensate you for more than your immediate medical bills.
Unfortunately, we live in a litigious society, where some people who sustain minor inconveniences think they have “hit the jackpot,” believing insurance companies will pay substantial amounts of money to settle minor claims. Insurance companies do not pay compensation unless there exists proof of real injuries directly related to the incident in question.
Biting into a piece of chocolate which “appeared to be a rotted out baby tooth” could certainly cause you to become nauseated, and even vomit. However, diarrhea for two weeks after biting into the small object will be compensable only if you can prove the object contained bacteria or other agent which caused the extensive diarrhea. Based on the facts, there is no proof of a bacterial infection or other agent which caused your extensive diarrhea.
It will also be very difficult to prove the incident directly caused you to experience “severe anxiety,” and excessive “worrying about everything no matter what it is.” There are just too many other explanations and variables for your anxiety.
At most, you may receive a nuisance settlement. That occurs when an insurance company believes it will not be worth their time to continue the claim. In your case, you may be able to convince the insurance company to pay your immediate medical bills, and not much more.
It is unlikely you will find an attorney who will agree to represent you in this matter, but it’s always advisable to get a free consultation from an experienced local injury attorney.
Learn more here: Food-Related Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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