If my husband swallowed a piece of glass from a drink at a restaurant but has no injuries, is this something we should pursue further?

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If my husband swallowed a piece of glass from a drink at a restaurant but has no injuries, is this something we should pursue further?

Asked on January 9, 2012 under Personal Injury, New York

Answers:

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

Answered 9 years ago | Contributor

If your husband wasn't injured, he won't recover much of anything, but a claim could be filed with the restaurant's insurance company.  If your husband incurred any medical bills from swallowing the piece of glass, he would have a personal injury claim which would include compensation for the medical bills and compensation for pain and suffering, which is an amount in addition to the medical bills.  If your husband had any medical treatment, he should obtain the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will be used to determine compensation for pain and suffering.  If your husband missed any time from work due to this incident, documentation of any wage loss should be included in the claim filed with the restaurant's insurance carrier.  Compensation for wage loss is straight reimbursement.  Since your husband wasn't injured, it is not worth filing a lawsuit if the insurance carrier denies the claim or offers a small settlement.

 

 


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