Last December I broke my tooth on a dried bean which was inside my chimi. The restaurant's manager took my statement and forwarded the "object" to their home office. The home office called me told me that they would send it to their insurance company and that I should here from ins company within the next couple weeks. I told the home office that my tooth broke (I kept the tooth piece, I gave them the bean) and that I couldn't do anything about it as I was going through chemo and radiation and I couldn't have dental work. I didn't hear anymore. Fast forward to Sept when I finish my treatment and I go to dentist. The tooth is not only broke now it is dead and I need root canal and crown. I have to go to specialist to get this done since it is on my back tooth and my dentist won't do it. I get estimates for specialist root canal and my dentist crown ($2200) and submit to restaurant insurance company who jumped all over it and "offered" me an additional 500 for pain and suffering. I was fine with everything until she sent me the letter that basically says that this is it and don't bother us again. Well that would be fine except next year I have no dental insurance and I have 4 root canals in my mouth that had to have another root canal. (done by 3 different dentists) I won't be able to afford it if something happens to that tooth. I was thinking about small claims court and any additional money (max $5000) would be put away for my tooth. Everyone thinks I should get a injury lawyer but I dunno I don't want to take advantage but maybe I am by thinking of small claims court....sorry so long but I really don't know what to do......HELP!!

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Mudpuppy

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Life isn't about waiting for the storm to pass - it's about learning to dance in the rain

Sorry, I was not clear. I want them to pay for the tooth that broke. I am afraid that by signing the form that releases them from any future claims will bite me in the butt in the future.
I have had bad luck with other root canals and have always needed additional work after the initail crown. If something happens next year with this tooth I won't be able to do anything about it since I won't have insurance and I have signed this form. Is it reasonable to ask them to pay for anything that happens to this tooth for a year after the crown is put on. The tooth was perfectly healthy before the incident.

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Mudpuppy

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Life isn't about waiting for the storm to pass - it's about learning to dance in the rain

Ok re-reading you post, I think what you are saying is you want to sue for the $5000 in case anything happens to your tooth in the future. Right?

I'm not a lawyer, but I don't think you can sue for something that hasn't happened yet.

JMHO, but I think if they are willing to pay for the tooth $2200 and give you $500 in Pain and suffering, that's all they should do. Like Judge Judy says, the idea is to make you whole - like you were before, not to give you a wind-fall.

P.S. You could negotiate the pain and suffering amount.

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Mary

You could have them take off the part where it says if you agree to the settlement you cannot go back to ask for additional money for more treatment. But I don't know if it would fly. I understand what you're talking about.

Have you talked to a lawyer? They would be able to tell you what your odds are and the consult should be free.

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Mary

I think that they are being more than fair. If you do go to court, who's to say that you will get a judgement in your favor? You did wait a long time to get it fixed and they might argue that doing so caused further damages or they might argue that the chemo or radiation weakened the teeth. (I'm not saying it did, but if you go to court, be prepared for a fight).

I would first explain to them that you are concerned and your reasons why and see what their response it. Perhaps they will offer you a little more to have you sign off on it. Good luck.

And congrats with finishing your treatment.

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Prayer is the burden of a sigh,
The falling of a tear,
The upward glancing of an eye
When none but God is near."

Did the tooth you broke have any previous work done one it ie a filling? That may factor in whether you should pursue this further as a tooth with a filling is pre-disposed to a breaking injury which may mean less liability for the restaurant.

I don't know what state you're in; some only have a one year statute of limitations. Most personal injury attorneys will at least talk to you for a few minutes over the phone or in person for free. There's nothing to be lost by calling.

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Reading is Fundamental.

I think their offer is more than fair. In my experience, the restaurant usually only pays for the fixing of the tooth, not pain and suffering. I would take the "pain and suffering" money and put it aside for possible future fixes. My mom and grandma had a tooth broken at a pizza place (two different ones) and just getting them to pay the tooth bill wasn't the easiest thing. No offer of pain and suffering. Stuff happens and they are trying to responsible and do the right thing. You can't charge them for what might or might not happen. In a year you could eat something else that does damage to the tooth and try to come back on them. I say take the deal

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Proud to say I haven't shopped at a Wal-Mart since Sept 2003

I think they're being more than fair already. If I were you, I'd quit while I was ahead.

I, too, think they're being very fair, especially since they're paying you an extra $500 for the pain and suffering.

I am with most the others on here.. I think they are being more then fair. Most places will only offer to pay medical not pain and suffering. If it goes to court I can totally see where you could lose because they could argue only 1/2 of it was thier fault and you should be responsible for the other 1/2 because you did wait so long and a broken tooth will of course get worse waiting. I would take it and be happy

"I get estimates for specialist root canal and my dentist crown ($2200) and submit to restaurant insurance company who jumped all over it and "offered" me an additional 500 for pain and suffering"

What do you mean by "jumped all over it"?

Rebecca

OP, please call a lawyer. I disagree with the people that are telling you that restaurants don't pay pain and suffering if they're liable and/or the people that are saying that they're being more than fair. As I said, I don't know where you are, but that's simply not the case in my state.

Please consult someone who does this for a living in your state so you'll know you've made an informed choice.

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Reading is Fundamental.

I had two thoughts about this... first, that seems like alot of $$ for a root canal, I've only had 1 in my life a few years back, but my insurance was charged $700 - I'd try to negotiate with the dentist first!!

Second, I agree with posters that suggested the restaurant offer was fair and you should take it and save the $500 for any necessary dental work down the line.

"Settlement" is just what it implies. They can't tell you what is fair. What did the dentist think your outlook would be? If they were outright negligent, they have to pay for the damages. An attorney will get more money, but you will have to pay him a portion and your total may not be any better off. I would not offer them any more information other than the fact that you have decided to consult with an attorney.

It might have been for the root canal and a crown?

ETA: Just re-read, yes it was for the root canal and the crown. I don't remember what my last root canal cost, but the crown alone was $1,000 and my insurance paid half.

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Reading is Fundamental.

I had my teeth xrayed and cleaned before I started chemo. The tooth that broke has never had any work done on it and I have an xray showing there was nothiing wrong prior to chemo. I talked to my dentist about my propensity for additional work on root canals...that's why I'm concerned about future problems. The 2200 dollars is for the root canal and crown. There is no negotiating this. I have to go to a specialist because of where the break is and the roots have grown into my sinus area. It's pretty gross and it's not an easy procedure.
I talked to 2 lawyers and I have 3 years to make a claim. They both thought the pain and suffering offer was "ridiculous". Of course they would.
When the insurance adjuster got my estimates she wanted to have me meet her to sign the waiver and she would cut me a check that day. That's what I meant when I saiid she jumped all over it. Her urgency surprised me I guess.
Thanks for all of your opinions I really appreciate them

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Mudpuppy

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Life isn't about waiting for the storm to pass - it's about learning to dance in the rain

as an adjuster couple of things I will comment on:
1) you MIGHT have to have f/u, but then you MIGHT NOT. And if a year after the repair you need further care, who's to say it will be the direct result of the original injury.
2) speaking of original injury---how did the wait of 9 months and ongoing chemo/radiation and cancer treatment contribute to the extent of care required? On a more medically probable than not basis did the fact you had to wait 9 months, and underwent chemo/radiation contribute significantly to the tooth disease process.
3) pain and suffering? for a broke tooth? really? How much pain and suffering did you suffer? Be honest with yourself.
4) an attorney is going to take at least 20% of any settlement you get, plus any fees and billable hours, etc.
5) well, of course an adjuster is going to try to get you to settle! That's part of their job.
6) At what point does the insurer's liability end? Without that waiver, the insurer/insurance company leaves themself open for all sorts of exposure.

When people file suit, threaten to sue, expect pain and suffering, etc. for alleged injuries it makes it more difficult for those who really did/do have pain and suffering. It also causes insurance rates to skyrocket, which in turn makes the retailer raise their prices. Think long and hard about just how much "pain and suffering" you had due to this broke tooth from nearly a year ago.

If you went to your friend's house and chipped a tooth on a dried bean would you sue her?

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

1. True, I might or might not need treatment. But what if I do and I have no healthcare. The only option is to have the tooth pulled because I certainly could not afford to have further work done on it. That creates other problems such as my teeth shifting because of a gaping hole in my mouth.
2. I went to the dentist 2 times during my treatment. Once for this tooth to be looked at when I originally broke it. The dentist recommended that I do nothing at the time because of my treatment. He told me that the tooth would more than likely die with or without immediate treatment because of the break point. The tooth did die. I don't know what chemo or radiation might have contributed to the process. I honestly don't think anyone would know.
3. As far as pain and suffering. I haven't suffered any pain other than the initial break. That was over quickly. The pain I am going to suffer is the root canal. They aren't fun and they hurt like heck.
4. The attorney would take 33% flat fee.
5. Yes, and the adjuster is not looking out for my best interest either.
6. I don't know the answer to this question. I agree with you on your point.
It is different going to a friends house for dinner and a restaurant. At a restaurant I am paying for their food and service. I have a reasonable expectation that I will not be injured while consuming their food.
I don't consider my injuries to be "alleged" since the broken tooth is proof that an injury occurred. I do agree with you about insurance rates and claims against companies. That's why I asked for opinions because I really don't want to be "that person". I'm still thinking about it.

I appreciate your opinion. Thank you.

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Mudpuppy

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Life isn't about waiting for the storm to pass - it's about learning to dance in the rain

Well, I am a bird in the hand kind of gal, but good luck if you pursue more money.

Once you settle on the outcome, the company will just send you a check and be done with you. You don't have to have the work done at all and you could pocket the cash and have them pull the tooth and build a bridge for the gap. You could also wait to have the work done all together next year. It isn't bothering you now, and getting all the work done at once seems like it would be easier on you and your pocketbook. If you shop around, I bet you can get at least 10% off the dentist bill if you offer them cash and have all the work done together. It would be one hellofaday, but if money is a concern ..........

I'm very glad to see that you recognize that the view of an insurance adjuster is not unbiased, any more than mine is. Investigate the truth for yourself.

Keep in mind, also, that no crown is permanent -- they do have to be replaced after a certain number of years.

You're not being greedy to be compensated for injuries inflicted by the restaurant's negligence, as well as the pain you've suffered (just walking into a dental office is painful for me!). Don't let anyone tell you otherwise.

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Reading is Fundamental.

Why is it their responsibility to pay just because you don't have insurance? That's not their responsibility neither would it be their fault if you don't have medical/dental insurance. As to your teeth shifting: While I know that everyone is different--it's not likely that as an adult your teeth will shift a significant amount.

You don't have a reasonable expectation that you won't be injured while eating at a friend's house?

Here's what I would suggest: I would recommend that you talk to the adjuster and explain that your feel the additional $500 is a little low given/based on your experience with dental issues and previous work you've had done. I would strongly suggest doing this in writing. Send it to the adjuster by regular mail, and certified. (always, always, always follow-up in writing). I think that it is reasonable to ask for the cost of an additional root canal---sometimes crap happens.

You can negotiate a settlement without an attorney. They've offered $500, you can counter w/ $4000, to which they will probably offer $1000-$1500. I think $1500-$2000 is a reasonable settlement for the injury you sustained(but that is just me).

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Mental that one, I'm telling you. ---Ron Weasley, "Harry Potter and the Chamber of Secrets"

I've seen a lot of court cases on tv where diners have tried to sue for something like this and they usually lose. It has to do with the "thing" that was found in the food item can reasonably be expected to be in the food item -- i.e., a cherry pit in a cherry pie or an olive pit in a salad or a piece of walnut shell in a cookie, etc.

I wonder if this would be the case with your situation?

TO Kellyjef I was waiting for someone to suggest what you just wrote it was a just a matter of time. However since none of us here where with the op at the time of the incident and it did not happen to us personally, its totally up to the op to decide what to do and also if if did not happen how would we know, if it did happen how would be know. I know these kinds of things happen all the time and people do obtain a lawyer and try to obtain money for something that never truly happened however whom are any of us to judge. To the op you would be and best to accept whatever they offer you. Peace. Catherine