If I suffered dentaldamage due to eating a restaurant prepared meal, what are my rights to pain and suffering?

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If I suffered dentaldamage due to eating a restaurant prepared meal, what are my rights to pain and suffering?

I recently went to a restaurant and ordered bean soup and there happen to be a rock in it, and I bit it in half. I went down there and told them and they said the would cover my dental bill. I ended up having to get a X-ray, 2 crowns, and a root canal (all very painful). Is the any way I would be able to sue for pain and suffering? And how would I go about getting it started? Should I speak with a personal injury attorney? In Washington County, ID.

Asked on July 25, 2011 Idaho

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It would be advisable to speak with a personal injury attorney.

When you complete your dental treatment and are released by the dentist. obtain your dental bills and dental reports.  File your personal injury claim with the restaurant's insurance company.  Your personal injury claim should include the dental bills, dental report(s) and documentation of any wage loss.  Compensation for the dental bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The dental report will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the dental bills.

If you are dissatisfied with settlement offers from the restaurant's insurance carrier, file a lawsuit for negligence against the restaurant.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, you will need to file your lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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