Can I seek legal action if I had a 1 1/2″ bone in a bite of food that stabbed into the top of my mouth?

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Can I seek legal action if I had a 1 1/2″ bone in a bite of food that stabbed into the top of my mouth?

It cut the top of my mouth enough to bleed. Luckily it didn’t go down my throat, as the end of it is sharp and to a point. So far I have taken picture of the bone, inside my mouth and measured it. I have tried calling the restaurant but they are currently closed until morning. If I am to seek legal action, is there anything else that I need to do.?

Asked on December 8, 2014 under Personal Injury, Arizona


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

Answered 6 years ago | Contributor

Contact the restaurant and obtain the name, address and telephone number of its insurance carrier.  Notify the restaurant and the insurance carrier in writing that you will be filing a personal injury claim.

You will need medical treatment in order to document your injury.  Without medical treatment, you won't have any case.

It may be possible to settle the case with the restaurant's insurance carrier without filing a lawsuit.

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, 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 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 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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