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

Answers:

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.


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.