What are my rights if I was eating an boneless chicken piece from a grocery store and there was a rock in one o the pieces and I cracked my tooth?

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What are my rights if I was eating an boneless chicken piece from a grocery store and there was a rock in one o the pieces and I cracked my tooth?

I cracked my tooth right down the middle to the end of the roots. This occurred on a Friday about 2 1/2 months ago. I was able to see a dentist the following Monday but this caused me to miss 1 day of work. He performed a root canal removal, due to the injury. The store’s insurer has agreed to pay for the dentist bill. Can I ask for pain and suffering as well? I did mention to the insurance agent how extremely painful it was. Since this occurred at the end of the day on a Friday, I had to super glue my tooth together due to the pain.

Asked on December 31, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can ask for pain and suffering, but are unlikely to get it--typically, a "pain and suffering" award is for when someone endures weeks or more of disability, impairment, etc. A weekend of pain will not support a pain and suffering award large enough to be worth any legal action, which means that if the insurer refuses (as is likely) to give you anything for this, you won't really have any cost effective ways to seek compensation.


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