Do I have a case if I ate fried roach and how much is it worth? 4 Answers as of December 29, 2014

I went to a restaurant and order veggie omelette. As I was eating, I felt a crunch in my mouth. I took it out and it was a fried roach. I screamed, I then call the manager there. He apologized over and over. I went to the restroom to clean my mouth out and roach legs came out. I got sick on my way home and vomited twice. Then I had diarrhea for three days. But the next day of the incident, I called my doctor. He told me to come in to run bacteria test on me. I was fine but mentally I wasn't, so I went to a psychiatrist. I was ordered 8 classes of therapy and to see a psychiatrist. I was diagnosed with Adjustment disorder with mixed anxiety and depressed mood. I was also prescribed fluoxetine (Prozac) and trazodone. Do I have a case and how much is it worth?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answer Applies to: California
Replied: 12/29/2014
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
There is no science to valuation. I'd play up your mental distress, its physical manifestations and treatment, and the revulsion of the situation. I'd ask for $10,000 which is the limit for which you can sue in Small Claims Court. You also may want to report the incident to your County Health Dept. as the roach likely came into the food there at the restaurant.
Answer Applies to: California
Replied: 12/29/2014
Law Offices of George H. Shers | George H. Shers
Yes, the restaurant was negligent in serving you a cockroach, but you seem to have greatly over reacted. You could probably get them to pay for an initial ER visit and maybe a hundred dollars or so for emotional distress, but few people are going to believe that you really needed mental treatments. A personal injury defendant takes the plaintiff as they are, including a plaintiff who is more sensitive than a normal person, but a trier of fact will base their judgment as to damages based upon what they feel is reasonable. I doubt anyone will feel that a need for psychology treatment is really necessary for such a relatively minor event. It is not worth hiring an attorney, and none would probably take the case, except if you paid they an hourly fee and they merely write a demand letter. See what you can get by yourself from the restaurant, but suing will not be worthwhile.
Answer Applies to: California
Replied: 12/29/2014
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
Yes, you have a case worth several thousand dollars.
Answer Applies to: California
Replied: 12/29/2014
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