QUESTION
Do I have a personal injury lawsuit if I broke my tooth while eating?
Asked on Nov 07th, 2011 on Personal Injury - Florida
More details to this question:
My girlfriend bit into a piece of candy two days ago (Saturday) and broke about 3/4 of a tooth. We collected the wrapper and candy she had spit out with a lot of blood, and stored in sandwich bag. I sent an email to the company next. Today, they called me first thing in the morning. They wanted to know the serial number of the can, and they are also sending me a bag for me to use in sending everything I collected back to them. They will have their Q.A. Dept take a look at it and then it goes to their insurance company. I understand they need to see what the hard substance was that caused her broken tooth, but I also am not comfortable just giving them the sample because then it would be gone and could be my word against them. I need some legal advice as soon as possible, please. I may even need legal services. Thank you.
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not enough info here. If you physical evidence of defect and you send it away it may disappear. You may want to try and get an expert to render an opinion before you send it away. I still don't understand about candy in a can.
Answered on Nov 10th, 2011 at 10:28 AM
If your girlfriend sustained injuries due to a defect with the candy she may have claim for personal injury.
Answered on Nov 09th, 2011 at 8:04 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Dental injury cases are generally not court cases. The proof in your case will be difficult and the cost of preparing the case for a trial would be more than just getting the tooth fixed. If you have dental insurance, use it now. If not, get the tooth fixed and get on a payment plan.
Answered on Nov 08th, 2011 at 10:34 PM
Assault Attorney serving Richardson, TX
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If it is only a broken tooth you can make the claim in small claims court without an attorney. You may want to do your own evaluation of the reason the tooth broke first.
Answered on Nov 08th, 2011 at 5:30 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Take photos and send those. Do not part with the actual evidence particularly the tooth.
Answered on Nov 08th, 2011 at 5:29 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Go see a personal injury attorney. If you decide not too, which I advise against, make sure you extensively photograph everything and explicitly document what you send them. Send it to them certified mail return receipt requested and put a letter in there demanding that they preserve all of it for future litigation if necessary.
Answered on Nov 08th, 2011 at 5:29 PM
It is your injured girlfriend who needs legal assistance. She should contact a plaintiff's personal injury or product liability attorney for specific legal advice and direction.
Answered on Nov 08th, 2011 at 5:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is standard operating procedure. Before you send it, take about 2 dozen pictures. Seriously. Close-up, not so close up, front, back, side, bright light, medium light, low light, put a ruler next to it on some of them. Take it to the post office and weigh it and take pictures of it on the scale. Same thing with the can. If there is more than one left, keep a couple. Tell them you are doing all this. If it disappears while in their hands, you have a cause of action against them for what is called "spoliation".
Answered on Nov 08th, 2011 at 4:33 PM
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Yes she has a case. DO NOT SEND THEM THE EVIDENCE. Take pictures and send them that. Hire one of us - local experienced PI lawyers.
Answered on Nov 08th, 2011 at 3:31 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Do not turn over the evidence to them. Volunteer to allow them to inspect it in your presence if they want to come to your house, but do not send them the evidence.
Answered on Nov 08th, 2011 at 1:49 PM