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


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.

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 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.