Last Sunday I had dinner in a rather expensive restaurant. We had some of their very crusty bread, and I had finally one end piece of the bread and while biting into it I felt a sharp pain that went away shortly thereafter. The next morning I had really bad pain in my mouth and went to the dentist and was diagnosed with a tooth that was broken off just above the root. I will need oral surgery with root extraction, an implant, bone graft and finally a crown to restore the appearance of my mouth. I have to wait for two weeks to get into the surgeon for the procedure, and during that time and for some time after the surgery I have to take rather strong pain killers. For about the same time (now and after the surgery) I have to live on liquids only (the broken tooth is a front incisor). The insurance of the restaurant seems to be willing to pay for the medical cost (at least they have not rejected my claims).

Would it be advisable and feasible to also ask for some compensation for my pain and suffering? What would be a reasonable amount for this? Furthermore, would it be advisable to see an attorney at this time?

I appreciate any qualified advise on this subject.

wolfboy

There is no harm in trying if you are truly justified.
Was is the worst they can do say no

excon

Hello ds:

It sounds as though you're in the middle of negotiations. If they turn down your claim, get back to us.

However, if they honor your claim, then take the money and run. If I was a lawyer (I'm not) and represented them, (I don't), I would tell them, that since she didn't complain WHILE on the premises, there is no proof that it happened in YOUR restaurant, and you should NOT pay her a nickel.

excon

dschlei

I was just informed by the insurance carrier to send in my medical bills and they will pay them.

steveinpa

Do not confuse first party claims and third party claims. Most business insurance policies include a nominal amount ($1,000, 2,500, or 5,000, maybe more) of first party "medical payments" coverage. This coverage will provide payment of medical bills for any patron hurt on the premises. To some extent, they accept your word that you got hurt on the premises. They look to the recorded "history of illness" in the medical charts to cross-check. There is no need to show negligence on the restaurant's part. If you want to be paid for pain and suffering, then you will need to present a third-party claim, where you will need to show negligence. The mere happening of an injury is usually not sufficient. You should talk to a local lawyer, and at least learn the amount of time you have before any potential third-party claim will expire. The amount of time (called statute of limitations) varies from state to state. Some states allow 1 year, others 2 or 4 years. You must settle your case or file a lawsuit before the statute of limitations expires, or your claim will be forever barred. Good luck.

dschlei

I contacted a lawyer on this and was advised that I have basically chance to prove that the restaurant was negligent. If there would have been some foreign objects in the bread, or if the bread was otherwise out of the normal condition they serve, I would have a chance. My case seemed to have just been a freak accident, and was not because the restaurant was negligent.

The restaurant management and the insurance carrier personnel were very cooperative and concerned about my condition and did the outmost to help me to arrange the coverage of my medical costs.

Because of the little chance to receive a positive judgment for pain and suffering, and the good cooperation of all involved, I will not pursue any further claims.

s_cianci

You can ask. Getting it is another matter. Actually, it's surprising that the restaurant is even willing to pay your medical expenses since it's pretty hard to prove a broken tooth is due to a piece of bread. Chewing the hard, crusty bread may be what first brought on the pain but I would think they'd argue that it was a pre-existing condition. Remember, you have to prove by at least a preponderance of the evidence that the bread was responsible for breaking your tooth. Normal, healthy teeth don't break just from chewing on some bread crust. Sorry, I don't mean to play devil's advocate here but I think you're looking at a pretty tough fight to get anything above and beyond what the restaurant concedes of their own accord.