Should I get an attorney if I suffered an injury from an olive pit that was on my pizza?

September 1About 9 months ago, I broke my partial of my top front teeth on a black olive pit that was in my pizza. I called the restaurant 3 or 4 times about the incident and each time I had to explain the incident and was told the owner would contact me. I was never contacted by anyone. Should I get an attorney and file a claim at small claims court?

Asked on May 23, 2017 under Personal Injury, Texas


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

Answered 3 years ago | Contributor

It would be advisable to speak with a personal injury attorney.
Prior to filing a lawsuit for negligence, it may be possible to settle the case with the restaurant's insurance carrier. When you complete your dental treatment, obtain your dental bills, dental reports, and if applicable, documentation of wage loss.
Your personal injury claim filed with the restaurant's insurance carrier should include those items.
Compensation for the dental bills is straight reimbursement.  The dental reports will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills.  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, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
You should speak with a personal injury attorney as soon as possible because nine months have already elapsed since the date of your injury and you don't want to miss the statute of limitations.

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