Q: I was served sharp plastic pieces in a frappe from McDonald’s nearly died choking on it. Went to the ER
Nearly died choking on plastic from frappe that I bought from McDonald’s . Immediately went to the nearest gas station and poured my frappe in the sink so that I could see how much plastic was actually in there or if it was just one piece. I found several pieces of very sharp plastic in the frappe. my throat felt funny and felt like there was a piece of plastic stuck in like the left side of my throat so I went to the ER . Doctor seen the plastic and said it may have scratched my esophagus when I was drinking my frappe and to follow up with a throat doctor if it doesn’t get better. Is McDonald liable ? Being I went to the emergency room because I was served sharp plastic in my frappe shouldn’t they be liable to cover the medical expense from the ER visit? I took pictures of the plastic I choked on because I snapchat the photo to my sister to show her and then I recorded a video of me pouring the frappe in the sink and all the plastic pieces that were in it.
A: A claim could be made against McDonalds. You should retain an experienced injury attorney as soon as possible to evaluate your claim. Most experienced injury attorneys will offer free case evaluations.
A: I agree that you should immediately speak to an attorney licensed to practice law in Florida and who regularly handles personal injury cases to determine who may be liable here. Typically, since McDonald's is a franchise, there is another company who owns and operates each individual restaurant. An attorney will find out who the owner/operator is and may make a claim against that entity. Also, make sure to keep the pictures and video that you took as that will be very important to the case.
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A: In most cases you do need an attorney. The insurance companies are billion dollar businesses staffed with attorneys and adjusters who do this everyday. In order to level the playing field you need an attorney. Often the insurance company for the person who caused the injury will try to settle with you before you have an opportunity to retain an attorney. The reason for this is that the insurance company knows it can probably settle the case for less money if you do not have a lawyer. We will investigate your case and obtain the necessary witness statements, documents, photographs, and other materials to protect your rights.
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