Can I sue Subway after finding a metal object in my sandwich which cut the roof of my mouth?

Bought a sandwich from Subway and felt
something hard when I initially bit into it, then
felt something scrape the roof of my mouth on
second bite.

Asked on January 7, 2018 under Personal Injury, Florida

Answers:

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

Answered 3 years ago | Contributor

Prior to filing a lawsuit for negligence against Subway, it may be possible to settle the case with Subway's insurance carrier.
Notify the insurance carrier in writing of your personal injury claim.
You won't have any case unless you document your injury with medical treatment.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and if applicable, documentation of wage loss.  Your claim filed with Subway's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with Subway's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from Subway's insurance carrier, reject the settlement offers and file a lawsuit for negligence against Subway.
If the case is NOT settled, your lawsuit for negligence against Subway must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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