I was at restaurant eating and I bit into a piece of glass a little less than an inch long. I called for our waitress and she notified the acting manager. I took a picture of the glass and he gave us our meals. They also made an incident report.
The manager asked if I was okay and I told him that my tooth was hurting. I later noticed my front tooth had a piece of bonding missing. It was just a small piece I had fixed a couple of years ago. My dentist sent a price for my repairs but he didn’t put a price on my bonding repair.
I called and told him I needed that price included and he included it. So I’m wondering what I need to do to get compensation for my pain and suffering and my travel time for the dentist and lost time for employment? I have trouble not being able to eat without first searching my food and I’m scared I’m going to bite into something. I don’t even want to go out to eat anymore.
I’m wondering what a fair settlement would be and how I would ask for it? The restaurant has already said they’d pay for my medical bills. Thanks for any help you can give.
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Answer
Dear Shannon,
At one time or another we all wonder what might be in our restaurant meals. Sometime maybe we just don’t want to know. You don’t have to wonder anymore because you found out. There is no doubt finding a piece of glass that large must have been traumatizing. One can only imagine how badly you might have been hurt if you had actually swallowed the glass.
It would be a very good idea to make sure you have the exact costs, or as close to the exact amount as is reasonably possible. Also secure from your employer a formal verification of the amount of days you missed and the amount of money you lost.
Make sure you also have documented proof of any other out of pocket expenses such as parking lot fees, if any, while visiting the dentist. You can even estimate the amount of gasoline used by measuring the mileage and gasoline burned while traveling to and from your dentist. Take all of the above costs and add them up. Keep a copy for yourself.
Normally in serious injury cases the request for a settlement amount is a multiplication of total medical or in some cases, dental costs. In your case however you can try to ask for an amount higher than your actual costs to date, but it would be unrealistic to think the restaurant or their insurance company will agree to pay any more than your total costs.
Pain and Suffering is a term reserved for those people who have sustained serious injuries requiring them to incur substantial medical bills, lost wages, out of pocket expenses, lost wages, and for future medical care as a direct and proximate cause of the injury sustained.
Once you have the total costs sit down and prepare a typed document laying out the total costs and a breakdown of each so it will be easily readable and understandable by the management. Then hand-deliver the folder to the manager of the restaurant. Be prepared for the restaurant to offer you the total amount of your dental bills. More than that would be a stretch.
If you are not satisfied with the outcome you still have the right to file a lawsuit in Small Claims Court for the amount you feel they owe you. You can also add what additional amount you think would be fair for your Pain and Suffering.
Remember though, most Small Claims courts have jurisdiction up to $5,000. Any amount above that and you would have to file a lawsuit in a higher court.
Learn more here: Foreign Object in Food Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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