What can I do?

I went into an local restaurant and ordered a cinnamon pecan twist and while I proceeded to swallow it there was something Sharp that scratched the back of my throat so I spit it out and examined my food to my surprise there was a hardened piece of plastic I alerted the manager immediately filled out a piece of paper and was told that I will be contacted wish I hadn’t, so I called corporate two times just to get a call back telling me that good send me coupons.

Asked on May 10, 2016 under Personal Injury, North Carolina

Answers:

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

Answered 4 years ago | Contributor

If you were injured and had documented the injury with medical treatment, you would have a personal injury claim against the restaurant.   Without medical treatment, you won't have a personal injury claim against the restaurant.
 If you get medical treatment, when you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the restaurant's insurance carrier should include those items. 
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical 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 dissatisified 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.
Again, you only have a personal injury claim if you obtained medical treatment.  If you did not receive medical treatment, you have no case.


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