Legal Question in Personal Injury in Oklahoma

My husband and I got fast food from a little shop today here in small-town Oklahoma. After consuming his first sandwich, he started coughing quite hard. He thought he had a hair in his food, so he went to the bathroom to cough it up. He started coughing up blood. We called 911, and about an hour later after having X-rays done, we discovered that he had eaten a staple! Since we don't have the capabilities to remove it at our small hospital here in town, he had to go to a hospital about an hour away to be put to sleep to remove it from his throat! I am just wondering what the steps are to sue this little company or if it's even worth it! I saved the food in its original wrapping and put it in the freezer, and my mother-in-law is supposed to be asking the surgeon to save the staple after they take it out.

Asked on 12/31/10, 1:48 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Many situations similar to yours are not worth legally pursuing because there is no actual damage. It sound like yours may be different and possibly worth pursuit because:

(1) you have real medical damages (eg, hospital #1, hospital #2, anethesiologist, Emergency Room costs, and physician cost for an invasive sugical procedure); and

(2) the fast food place is likely to have an insurance policy that would potentially cover the damages.

Even if you have your own health insurance, it may be worth pursuing. There are many reasons why, most particularly that the fast food insurance company should not get a free ride on your health insurance.

It can quickly get complex and I suggest you contact an attorney who understands insurance and pesonal injury, and who would entertain the case on a contingency fee basis.

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Answered on 1/05/11, 2:29 pm

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