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Law Girl
Law Girl, Attorney
Category: Personal Injury Law
Satisfied Customers: 4606
Experience:  I am a founding partner in a law firm that litigates personal injury cases.
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my wife injured her jaw and broke her tooth on a foreign object

Resolved Question:

my wife injured her jaw and broke her tooth on a foreign object which was in a McDonalds hamburger. The insurance company sent the sample for analysis showing proof and confirmation that the object was indeed their fault.

Now, the insurance adjuster is only offering $1000 above her dental bill expenses, and I find that unjust.

She has had 3 visits to the dentist, all three costing me and her lost hours of work, and she still has headaches.

One, what should we expect from the insurance adjuster and how much do we hold out for?

Two, can I file a third party claim to this incident considering my losses involved?
Submitted: 3 years ago via RocketLawyer.
Category: Personal Injury Law
Expert:  Law Girl replied 3 years ago.

Law Girl :

Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. How much were the total medical expenses to day?

JACUSTOMER-mwiiqvbp- :

2122.00

Law Girl :

Generally, pain and suffering is calculated at 2-3 times the medical damages. To the extent that there are other expenses that can be proven i.e. lost wages, etc. that can be added to the claim. However, all damages will need to be included in the single claim. You cannot file a separate claim because any settlement agreement that is signed will state that all claims arising from this incident are being compensated in the payment that is received.

JACUSTOMER-mwiiqvbp- :

What about loss of consortium? Can I file a 3 party for that?

Law Girl :

Loss of consortium cases are VERY difficult to prove and generally require different facts, i.e. death or serious debilitation. So you may need to consult with a local attorney in making a determination as to whether that is appropriate to the facts of your case. Generally whether to file a third party claim for this or whether to tack it into this claim would be a strategic decision. Legally it is appropriate to try to file a third party claim for loss of consortium; however, I question whether you have strong facts to support that type of claim.

JACUSTOMER-mwiiqvbp- :

What facts might I need in a case like this to be successful? Also, my wife still has headaches and going to the doctor does not add to the bill , since we have my military TriCare benefits. How does that add to the medical costs estimation?

Law Girl :

Future medical treatment that may be required is a separate category. However, they may require you to prove future estimated medical treatment. Loss of consortium cases are more commonly seen in more debilitating ailments, i.e. paralysis and/or wrongful death.

Law Girl, Attorney
Satisfied Customers: 4606
Experience: I am a founding partner in a law firm that litigates personal injury cases.
Law Girl and 14 other Personal Injury Law Specialists are ready to help you

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