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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 27636
Experience:  JA Mentor
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A piece of metal(small bolt) was in a container of goat

Customer Question

A piece of metal(small bolt) was in a container of goat cheese crumbles, when I spooned some into my mouth I bit it and chipped a tooth.The manufacturer agreed to pay only for the dental repair. Is there a " rule of thumb" for pain and suffering plus possible
future dental visit etc.?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The old rule of thumb was 3-5 times the medical bills for pain and suffering, but I'm sorry to say, that's been going downhill over the past few years. More and more insurance companies and big businesses are offering to only pay for the amount of the medical bills. You're still free to argue, just know that you might not get them up to 5x the dental bill. You should also be aware that, if you have dental insurance, and they pay for your tooth repair, you have to repay them with the money from your settlement. So you'll want the amount you settle for to leave you with something after you pay for that.

It is possible to get future dental expenses, but you'll need documentation from a dentist stating what care will be needed and what that's likely to cost. If the chipped tooth is something that can be repaired permanently, then you'd be expected to get all the necessary treatment before signing a settlement (or to at least wait long enough that you'll know exactly what work is required). Talk to your dentist about how this tooth could affect you in the future. You're also entitled to lost wages for time you missed from work in order to go to the dentist, even if you have sick leave - because time used to go to the dentist now is time you wouldn't have available if you get sick. Lost wages can be proven by a letter from your employer showing the days missed and your regular rate of pay.

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