I’I bought some food which had a piece of wood in it that injured my mouth, what do I do next as far as legal action?

Asked on November 28, 2015 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The real issue is, is it worth trying to hold the party (presumably, the packager or preparer of the food) responsible? You can only collect an amount of compensation equal to your out-of-pocket (not paid by insurance or Medicare/Medicaid) medical bills, plus lost wages (if any), and "pain and suffering" for significant life impairment or disability lasting, as a practical matter for many weeks or at least a few months, at a minimum. If you were not significantly impaired or disabled, and did not incur substantial legal bills, there's no point in taking legal action: you'd likely spend more on the lawsuit than you'd get back. 
If you were badly hurt, had large bills, etc. then consult with a personal injury attorney, bringing all medical bills, reports, invoices, diagnoses, and--if you still have it--the wood, in order to discuss seeking compensation.

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