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I hope you are well. We spoke in Nov 2017, I was the guy who…

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Hi Debra, I hope you...

Hi Debra, I hope you are well. We spoke in Nov 2017, I was the guy who bit into a chicken sausage from Costco, there was a large piece of bone and it resulted in my losing the tooth just behind my fang tooth. You were just wonderful in providing guidance, since then I have been speaking to some local lawyer in person, they did offer some advice but it seems injury lawyer only like worth while cases with extensive damage. You have been by far the best resource for me and I was hoping to follow up with you and what might be a next step for me to take. The company did get back to me, saying they have reached out to a 3rd party company which specializes in product testing. They originally wanted me to send the bone directly to them but was very uncomfortable. This is the last email I received from them, I have not replied yet as she said the company would keep the tooth. "Hello Christopher, I have been in contact with Gurveena at Maxxam Laboratory, because they don’t deal with the general public I will need to send you the shipping documents so that you can forward the package off them for the product to be analyze Please ensure that the package of the sausages and the partial you claim to have bitten into are included in the package you send. They will determine what it is and if that partial came from that product. Also, please note that they will not be able to return the item back as they will use it for there testing. Once they have completed their test results will be sent out. Please let me know if you will be around this week so that I can sent the package out to you tomorrow." My questions are as follows: 1) If you were in my position would you feel comfortable forfeiting the object? 2)It was suggested to me to go to my dentist and have them write a letter regarding all of the future complications of having an implant put it (which I'm so scared to do, I just hate dental surgery.. freaks me out). Such as future complications that I may be on the hook for financially, any way to safe guard against that? 3) I'm sad I lost my tooth, and eating as not really been as enjoyable since. How much can I ask for in terms of compensation for pain, suffering, etc. I heard $25,000 was a limit in civil court or something like that. What would you ask if you were in my position. Costco did set me up with some sort of mediator to act for me, but he said he cant interfere with the investigation aspect so I suppose I can either forfeit the tooth or insist it stays in my possession or that it be returned to me. Any guidance would be so very helpful as I feel somewhat over my head. You have been a wealth of information and I plan to write a wonderful review of your services/knowledge. I'm not sure if you have our passed conversations but if not I can copy and paste them to you :) Very Sincerely, C***  B**** Toronto, ON

Submitted: 3 months ago.Category: Canada Law
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Answered in 8 minutes by:
3/6/2018
Lawyer: Debra, Lawyer replied 3 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,127
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Customer reply replied 3 months ago
Please take your time :) Thanks agian
Lawyer: Debra, Lawyer replied 3 months ago

I do remember you.

If it were me I would have a witness look at the bone and photos I took and make sure they can see the photos are accurate.

Then I would send the bone.

If your dentist is not going to charge for a report I would get that report and send it in. If the dentist will charge I suggest you wait until you are sure you have to sue for that.

You can sue for up to $25,000 in Small Claims Court and on top of that you can get interest and your court costs.

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Customer reply replied 3 months ago
Would you suggest (if it comes to that, if negotiations fall through) to go to small claims court myself? Present the facts, is 25k a realistic amount to sue for?Accepting just the cost to drill and put a fake tooth in just seems like not enough but perhaps that's just me.
Lawyer: Debra, Lawyer replied 3 months ago

It's too expensive to sue in Supreme Court. The legal fees will be ridiculous.

So I do think you should sue in Small Claims Court if this cannot be settled.

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Customer reply replied 3 months ago
pls opt out
Lawyer: Debra, Lawyer replied 3 months ago

What do you mean? You don't want to work with me any more? I am surprised. Why is that?

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Customer reply replied 3 months ago
here is the summary I bit into a chicken assuage which had a large bone it in, I kept the bone in my fridge along with the package it came from. I had to go to the dentist the next day and they showed me a picture of it cracked in half right right to the bottom, I had to go to the oral surgeon the next morning to get it removed. I contacted the company of the product and they say they will cover the cost of a new tooth which I sent them the quote for (takes 5 months to heal before I can go through the procedure which wont be fun) plus I asked for a damages due to the pain of inflamed gums of having to chew on the other side of my mouth, eating limited kinds of foods, etc. My concern is I'm sending them they only proof I have to the company and/or their insurance company.I asked about the lump some and the executive assistant who is in contact with me said we can discuss it with the adjuster after the object is sent in.
Lawyer: Debra, Lawyer replied 3 months ago

But I know all about this. What is going on?

Your last question was

Would you suggest (if it comes to that, if negotiations fall through) to go to small claims court myself? Present the facts, is 25k a realistic amount to sue for? Accepting just the cost to drill and put a fake tooth in just seems like not enough but perhaps that's just me.

I said:

It's too expensive to sue in Supreme Court. The legal fees will be ridiculous. So I do think you should sue in Small Claims Court if this cannot be settled.
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Customer reply replied 3 months ago
Sorry I didn't type pls opt out, I think that was an admin
Lawyer: Debra, Lawyer replied 3 months ago

That is weird but I think you are right as I was locked out.

But I do know all the facts and so I am not sure why you just gave me that summary.

I do think you should sue in Small Claims court and not sue in Supreme Court but I also do think suing for $25K is a solid approach.

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