And it caused my molar broken all the way to the root and in half which to say the least has caused me great pain. For the last week while the grocery store and manufacturer has haggled over who's insurance claim it should be. Finally I'm talking to the major manufacturer and it's still being both a pain from my mouth and tooth. I'm a professional licensed boat captain and have not been able to work since it happened. I adding up all the days of work that I'm missing and I will collect every cent that I missed not being able to work. Pain, suffering, dental bills, extractions, implant, medication and treatments and lost income will all be added in as well as dental bills...

Hi bigcapt, I can sympathize with your predicament, but I don't see an actual question in your post and don't want to assume one. I suggest though, that you hire a lawyer to protect your interests in this endeavour, because it seems that you have a lot to recoup.

Do you actually have proof, the 'foreign body' in hand, that destroyed your tooth ?

Tick

Decided to retain attorney and pay $30 dollars for consult because I have a lot to recoup and they are stonewalling.

[QUOTE=bigcapt;2559670]Decided to retain attorney and pay $30 dollars for consult because I have a lot to recoup and they are stonewalling.[/QUOTE

I totally agree this is the correct approach, bigcapt and a safe way of going about this if they are not exactly forthcoming with a payout.

Tick

Did you save the 'foreign object?' If so, do not give it up.

I had a similar situation and they sent an individual to my home to get a report. He asked if he could take the object with him... duh? I let him take a picture of it. It took a year to resolve but they did finally.

Stringer

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Originally Posted by bigcapt

... I'm a professional licensed boat captain and have not been able to work since it happened. I adding up all the days of work that I'm missing and I will collect every cent that I missed not being able to work. ...

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You have a duty to mitigate your damages. You can't simply wait for them to pay for your dental work. You should get it done and get reimbursement later.

Yes of course as a captain of a boat you should have full insurance, and earn a large income. You have a duty to get your tooth fixed, not wait for them to do it, then bill them for the loss.

Assuming you can prove the object was their fault.

Did you make the sandwich, What type of object was in it , and what was it in

Yes, get your teeth fixed and save the object that you bit down on to break your tooth. Retaining an attorney is your best bet as this is going to be a long, drawn out affair. Don't wait for the insurance company to come to your rescue and pay for your dental work up front. No, they want to see "paid bills" that you paid. It does not work the same way a car accident and crumpled fenders waiting to get fixed works.

This type of injury falls under the nuisance claims and is way down on the totem pole of importance to any insurance company and they are going to fight tooth and nail not to pay you a dime. In the meantime you just can't sit at home waiting for them to rescue you. You need to take control and mitigate your damages such as pain, suffering and staying home and not working. You don't have a broken leg that prevents you from working. You have a condition that is fixable by a dentist. Why wait? It is not going to enable you to collect a dime more.

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Originally Posted by twinkiedooter

... and they are going to fight tooth and nail not to pay you a dime. ...

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Nice way of putting it. :p

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Originally Posted by AK lawyer

Nice way of putting it. :p

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I would know first hand having worked at an insurance defense firm for 3 years!!