What are my rights if I fractured a molar on a piece of glass in my sushi?

The restaurant is cooperating but it needs to go through insurance. No dental work needs to be done yet, but will likely need a crown, root canal, implant or some combination. My damages report details the cost of an implant but I want to add general damages, as well for the possibility of multiple procedures. Is that reasonable?

Asked on October 2, 2015 under Personal Injury, California


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

Answered 5 years ago | Contributor

Your damages against the restaurant should include compensation for dental bills future treatment can be discounted to present value, compensation for pain and suffering, which is an amount in addition to the dental bills, and compensation for wage loss.
Compensation for the dental bills including estimated cost of future treatment discounted to present value would be straight reimbursement.
Compensation for pain and suffering would be based on the dental reports.
Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled with the restaurant's insurance carrier, your lawsuit for negligence against the restaurant 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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