QUESTION
Can I get my dental expenses covered after a personal injury?
Asked on Oct 17th, 2011 on Personal Injury - New York
More details to this question:
My tooth was taken off from an accident at a restaurant. The rest of my teeth was extracted and replaced with a partial. How can I get help to pay for the replacement teeth? It happened when I bit into a salad and broke the tooth on a seed.
11 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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If what you broke your tooth on was a seed that might commonly be expected in the type of salad you were eating, you will likely have a hard time recovering anything. Generally, the item in the salad would need to be a foreign item not expected to be present in the food.
Answered on Feb 20th, 2012 at 3:49 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You will need to make a claim with the restaurant and they should turn it over to their risk management company or their insurance company. It will have to be proven that there was some negligence on the part of the restaurant before it will pay for your damages.
Answered on Nov 04th, 2011 at 10:34 AM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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If you reported the incident to the restaurant manager while you were there, then you have a chance at recovering the cost of the dental procedure and some amount towards pain and suffering and loss wages if you had to take off from work to have the tooth repaired. You will find it harder to obtain compensation if you did not report the incident when it occurred.
Answered on Oct 28th, 2011 at 12:46 PM
Consult with a plaintiff's attorney who handles claims and other legal matters against restaurants and other food establishments for specific advice and direction. Perhaps, that attoney will check to see if the restaurant carried insurance which would covers your dental bill resulting specifically from the broken tooth.
Answered on Oct 28th, 2011 at 12:37 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think that the restaurant is liable.
Answered on Oct 27th, 2011 at 11:23 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You will need to prove that the seed should not have been in your salad and that the restaurant knew or should have known the seed was in the salad. This is a very hard case to win in Va.
Answered on Oct 27th, 2011 at 10:38 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can ask the restaurants insurance to tender their med pay to you or your dentist. Because a seed is something that is not out of the ordinary in a salad, you really have no negligence claim. If it was a stone or glass, then you would have a claim. I believe you are only entitled to the med pay which should be paid regardless of fault of the restaurant.
Answered on Oct 27th, 2011 at 8:56 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you broke your tooth on a true "foreign body" then there is liability under Florida statutes, but if it's a normal and usual part of the salad, then you're probably out of luck.
Answered on Oct 27th, 2011 at 8:56 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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It's possible the restaurant may have medical payments coverage that would help. Talk to them. Doesn't sound like the restaurant did anything wrong so otherwise, you'll have to pay out of your own pocket or submit to your own insurance.
Answered on Oct 27th, 2011 at 8:22 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Adulterated food claims are difficult to prove and receive compensation. Send a letter to the restaurant telling them what happened, when, what you ordered etc. Tell them what dental costs you claim. At the end of the letter, write "If I don't hear back from you by November 12, I will be forced to talk to take you to court." If they ignore you, go to the Justice Court Clerk in your county courthouse and ask for the forms to file a lawsuit. Fill out the forms, pay your filing fee and hire a process server to certify delivery of the lawsuit to the restaurant. They will hire a lawyer and you will represent yourself. Just like the People's Court on TV.
Answered on Oct 27th, 2011 at 8:06 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to prove that the seed was something that did not belong in the salad.
Answered on Oct 27th, 2011 at 8:02 PM