What can I do, and how much time do I have, if I chipped one tooth and another was diagnosed as nonviable due to an incident at a restaurant?

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What can I do, and how much time do I have, if I chipped one tooth and another was diagnosed as nonviable due to an incident at a restaurant?

I ordered a salad that contained walnuts, upon my first bite I bit into a walnut husk identified by waiter of which chipped my brand new crown and left the other tooth in pain. It’s been almost 2 years and the other tooth is now considered non-viable dead and needs a root canal and potentially a new crown. I’ve attempted to speak with multiple people at the restaurant and their claims department, but have never reached anyone who could help. What can I do now and is it too late to pursue anything? I’ve gone for 2 years with a painful front tooth and now it’s dead.
Thank you.

Asked on February 5, 2018 under Personal Injury, California

Answers:

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

Answered 3 years ago | Contributor

California has a two year statute of limitations for filing a lawsuit in a personal injury case. If two years have elapsed since the date of your injury, it is too late to sue the restaurant for negligence.  If you still have a little time remaining before the second anniversary of the date of your injury, immediately file a lawsuit for negligence against the restaurant.  Once the statute of limitations expires, you have lost your rights forever in the matter.


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