Bit Into a Piece of Glass in a Salad...

by Thomas
(Chesapeake, VA)

On Friday, October 14, 2011, my wife and I was eating at national chain restaurant in Chesapeake, VA. While my wife was eating her food, she bit into a piece of glass. The waitress came and looked at the glass, she acknowledged that it looked like a piece of the plates that they use.

She called the manager who agreed and told us that we should seek medical attention just in case.

We went to a medical clinic and the clerk called the Claims Office of the insurance company for the restaurant. The Claims Office informed her that we had to pay for treatment and possibly be reimbursed. The medical bill was over two hundred dollars. X-rays were negative but my wife was spitting out little pieces of glass for a while.

What can we do to get the medical bills compensated? Thank you.

Visitor Question:
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ANSWER for "Bit Into a Piece of Glass in a Salad...":

Thomas (Chesapeake, VA):

From the facts you present it appears the restaurant chain already agreed to reimburse you for your wife’s medical bills. Contact the Claims Office and ask them where you need to submit the medical bill so you can be compensated.

If your wife believes she should be compensated for her pain and suffering demand an additional amount. That amount would be up to your wife. There isn’t any objective scale to be relied upon when deciding on the amount of compensation for pain and suffering.

Instead multiply the $200.00 or more dollars by three. Then demand the amount of $250.00 dollars or more for the medical bill and an additional amount of $600.00 or so dollars for your wife’s pain and suffering.

The amount of $600.00 dollars for pain and suffering is certainly not unreasonable, especially as the matter was disturbing and your wife continued to spit out glass for some time after the injury.

Tell the Claims Office you are also concerned your wife may have swallowed some of the glass. That is also a reasonable presumption. Asking for an amount of $600.00 dollars or more seems entirely fair under the circumstances.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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MEDICAL ERROR
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