What to do if while eating sweet and sour chicken from a restaurant my husband broke a tooth?

Asked on August 24, 2013 under Personal Injury, Texas

Answers:

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

Answered 7 years ago | Contributor

When this incident occurred, your husband should have immediately informed the restaurant and the restaurant should have written documentation of this incident.  If that didn't occur, it may be difficult to prove that the broken tooth occurred at that particular restaurant.

Your husband has a personal injury claim which should be filed with the restaurant's insurance carrier.  When your husband completes his dental treatment and is released by the dentist, he should obtain his dental bills, dental report and documentation of any wage loss.

Your husband's personal injury claim filed with the restaurant's insurance carrier should include those items.  Compensation for the dental bills is straight reimbursement.  The dental report will document the nature and extent of the injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If your husband is dissatisfied with settlement offers from the restaurant's insurance carrier, he should 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 husband's lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or your husband will lose his rights forever in the matter.


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