If my wife and was eating at a restaurnt yesterday and she took a bite of her salad and found glass in her mouth, is there a lawsuit?

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If my wife and was eating at a restaurnt yesterday and she took a bite of her salad and found glass in her mouth, is there a lawsuit?

Asked on June 12, 2012 under Personal Injury, Indiana

Answers:

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

Answered 9 years ago | Contributor

If your wife was injured, when she completes her medical treatment and is released by the doctor, she should obtain her medical bills, medical reports and if applicable, documentation of any wage loss.  Her personal injury claim filed with the restaurant's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If your wife is dissatisfied with settlement offers from the restaurant's insurance carrier, she 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 wife will need to file her lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.

If your wife was not injured and did not require medical treatment, she will recover little or nothing and it is probably not worth proceeding with a lawsuit.


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