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

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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

Answers:

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

Answered 8 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.
 


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 AttorneyPages.com 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.

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