Infection from Biting Into Glass at a Restaurant...

by Tiffany
(Pine Bluff, Arkansas)

I was out eating one day and I bit down on something very hard in my food. When I opened my mouth I saw it was glass and my mouth was bleeding. I told the waiter and he stated he will not charge me for my food. I got up and left the restaurant.

The next night I was in a great deal of pain so I went to the hospital and they told me I had cellulitis (an infection that comes from a cut or sores). I went back to the restaurant and talked to the manager. I told him what happened and he put in an injury claim for me with his insurance company.

Once the insurance company called me I sent them hospital bills and paperwork from the doctor. My hospital bill is $850 and the insurance company is trying to offer me a total of $900. I will have to pay my bill with this so it's like I really don't get anything for pain and suffering.

I am currently still taking pain medicine and the insurance company is trying to settle and only offer me $900 total? I want to know if I can sue the insurance company for more than this? I've gone through all this pain, running to the hospital and currently taking medicine. I just don't feel $900 is right. What do you think?

Visitor Question:
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ANSWER for "Infection from Biting Into Glass at a Restaurant...":

Tiffany (Pine Bluff, Arkansas):

$900.00 dollars really doesn’t seem fair for what you have gone through. A more fair settlement would be somewhere in the neighborhood of a total amount of $1800.00 to $2700.00 dollars.

In most personal injury cases a fair amount of compensation for pain and suffering is normally arrived at by multiplying the medical bills by 2x, 3x, 4x or more. Although subjective, the multiple is normally increased by the severity of the injury and amount of associated medical bills.

Because your injuries are at the lower end of the injury spectrum your multiple should probably be 2x or 3x.

Although it isn’t legally appropriate for us to give legal advice, we can make you aware of the manner in which personal injury cases are normally negotiated and ultimately settled...

Contact the insurance adjuster again. You can consider telling the claims adjuster you think the amount of $900.00 dollars is not fair. You can also consider telling her you now know many personal injury settlement amounts include additional sums for pain and suffering. That amount you can tell her is determined by a multiple of at least 2x or more.

You can consider telling her you will not accept any amount less than $2700.00 and then negotiate down from there.

If the claims adjuster still refuses to pay you an amount you believe to be fair you can consider legal action, either through the small claims courts in Arkansas, or by the employment of a personal injury attorney. In the State of Arkansas the maximum jurisdictional limits a person can sue for in small claims court is $5,000.00 dollars.

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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