Thank you very much for your reply.
Individuals who are injured as a result of the neglience of a third party are entitled to compensation for their medical bills and other out-of-pocket expenses they incur as a result of their injuries, "general damages
" (meaning damages for general pain and suffering arising from the trauma of the incident and pain of the injuries), and loss of earnings to the extent that time off from work is necessary to rehabilitate. It is important to understand that the law does not recognize speculative harm as a form of damage, so your claim would be restricted to the injuries you actually incurred, not what could have happened, even though what could have happened is understandably upsetting to think about.
All of this in mind, what an individual in your circumstance needs to do is see your dentist
. Without a professional assessment as to the injury you have incurred and the cost to fix it, there is no way to substantiate an injury claim and the restaurant is not going to take your claim as seriously as they should.
Going to a dentist will tremendously strengthen your claim because then you will have records which not only confirm but actually quantify
Right now, you have not presented anything to the restaurant which accomplishes either of these necessary things, and so the restaurant is not going to compensate you for anything other than the mere inconvenience and surprise of finding a screw in your food. You ARE entitled to more than that since you sustained an actual injury, but you need documentation to back it up.
Assuming you obtain the opinion of a doctor who confirms that your molar was recently chipped and provides you with an estimate of the cost for repair, you would be in a strong position to assert a claim not only for the cost of that repair, but for "general damages" in the amount of at least a few hundred dollars. In fact, if you need to have some sort of serious oral surgery because so much of the tooth is gone, it's possible your general damages claim will be worth a lot more than that.
But before you do anything you need a professional dental assessment--and dental bills--the support your claim. Othewise, though you may have sustained an injury, there is not sufficient proof of that fact, nor anyway of adequately valuing the harm you have incurred, and thus, little chance you can leverage a settlement or small claims award much in excess of the amount you already offered.
Please do not hesitate
to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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