Can I sue for the dental bill PLUS pain and suffering. My tooth was broken out when I was eating olives by a large piece of metal that was in the can. I had to get a crown. Can I sue for the cost of the crown plus an additional amount for pain and suffering? I'm in California.

Did you keep the metal and the can? Have you notified the company that you found an object in the can ?

Yes. I kept the tooth and sent the can, metal piece to the insurance company. I kept photos of all, even the hole in my mouth.

And have they responded with anything or accepted responsibility ? Im only asking because if they are in process then you might have to wait a little longer. But as far as small claims court goes you can file suit there and your going to be limited to the top amounts of the courts.

Yes, have you sent the insurance company copies of all of the bills.
Have you asked them to settle

Yes, I sure did. The insurance company responded they only pay for the cost of the crown. I asked for the cost of the crown plus money to put away in the event the crown failed within five to ten years, plus some extra for my trouble, pain and suffering. Basically, it's the dollar amount that would cover an implant, which was the first recommended treatment plan, but I didn't want to go through a long process of one year, so opted for a regular crown.

Yes, I sure did. The insurance company responded they only pay for the cost of the crown. I asked for the cost of the crown plus money to put away in the event the crown failed within five to ten years, plus some extra for my trouble, pain and suffering. Basically, it's the dollar amount that would cover an implant, which was the first recommended treatment plan, but I didn't want to go through a long process of one year, so opted for a regular crown.

Here's the problem. The dentist recommended an implant first, which means that is your best option. You don't want to do that - you want a crown now, and more money "in case" the crown fails. That's not how settlements work.

You should be glad they're willing to pay for the cost of the crown; if they really wanted to be jerks, they could argue that your tooth was already compromised and/or that there is no proof that the metal was actually in the can. I'm not saying you're lying, I'm trying to get you to understand what they might argue if you push this.

Yes, I sure did. The insurance company responded they only pay for the cost of the crown. I asked for the cost of the crown plus money to put away in the event the crown failed within five to ten years, plus some extra for my trouble, pain and suffering. Basically, it's the dollar amount that would cover an implant, which was the first recommended treatment plan, but I didn't want to go through a long process of one year, so opted for a regular crown.


You cannot collect in anticipation of additional damages. The insurance company is only responsible to pay the settlement amount for damages on the day of settlement (or agreement to a settlement).

Why would an implant take a year? To the best of my knowledge the tooth is pulled and the post implanted. Three months later the temp is put on, followed by the permanent post.

You cannot collect for your trouble. You may be able to collect for pain and suffering IF you have medical proof that there was pain/suffering.

Usually with broken teeth cases the insurance company will only pay for actual dental bills. They will not pay for future problems to the tooth. And as for pain and suffering you probably won't get a dime or much.

Consider yourself lucky they will pay anything towards your dental bill. Broken teeth/foreign objects in food are basically nuisance claims to any company in the food or restaurant business.