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I believe the Ins.Company is ready to make an offer. How much should I be asking for or should I get A Lawyer??

Alameda, CA |

I broke my tooth on an object cooked inside the food I was eating. The restaurant immediately had me mail object to their Headquarters to determine if it came from their Manufactory. After several weeks it was determined that it came from one of their Outsource Manufactory. After a year of getting the run around, they finally called me & said that my claim was being forward to the Franchise's Ins.Company. Today, their Ins.Company called me & left a message.

NOTE: Since I had NO Dental Ins.& it's been over a year; My tooth unfortunately COULD NOT be saved, so now I'm in need of an Implant. Also due to the severity of nerve damage & inflection, I now may have another tooth that's affected.

So, How should I proceed with their Insurance Company when I return their call?

Signed; Toothless

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Attorney answers 6


I don't suggest dealing with the insurer on your own. Although it sounds like you have a pretty good case, I can almost but guarantee that the insurer will offer you some nuisance fee to make you go away. Don't accept whatever offer they make. Also, I hope you didn't send them the only piece of evidence you had.

If you have any question, I'd be happy to speak with you at no cost. I handle these matter frequently.

Law Office of Steve Leydiker
(650) 367-1771

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Thank You, for your suggestion. Where are you located? Are You near Oakland, CA area??

Slavik Steve Leydiker

Slavik Steve Leydiker


I'm in Redwood City - just over the San Mateo bridge. Probably about 25 minutes from Oakland.


Dear Toothless in Alameda,

You are probably going to be much better off with an attorney looking over your case and negotiating a settlement rather than attempting to settle on your own. A personal injury lawyer will be better able to evaluate the value of your case.

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.



Thank you for your suggestion. I was just concerned because I didn't know what to do tomorrow when I return the call to their Farmer's Ins. Company. I really didn't want to make a big deal out of all of this. I just wanted to get my tooth replaced. And pay for any dental needs I may have. I'm an honest person and believe that you reap what you sow. So I didn't want to "OUT" this company or try to get over on them either. I only want what's right. So, I think getting an Attorney might blow this whole thing up and turn it into a Big Media Frenzy.

Jacob Adam Regar

Jacob Adam Regar


Personal injury lawsuits rarely generate any media buzz and hardly ever produce a frenzy. The question is simply whether you should have to pay for damage caused by another party? If your damages are not that high (e.g., cost of dental procedure, Rx, lost income, and pain and suffering), you can consider small claims court. But, certainly, it would make good sense to speak with a personal injury/ product liability attorney to learn the full scope of your rights.


You should get a Lawyer.

Jasmine Gevorkyan

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


In a very similar case in my office, we took numerous photographs of the foreign object with good lighting and a ruler as well as different coins in order to indicate scale. We forward the photographs to the insurance company and lock the object securely away in a file drawer. If insurance companies wish to actually examine such items they are invited to do so only in our office with me present during the entire examination.

With respect to damages, at least a basic estimate is needed from a dental service provider as to the potential costs of the restorative work and alternatives. This would include but not be limited to the price of the implants and also the dental appointments required to properly install and maintain the implant. An often overlooked fact about implants is that they do not last forever and may have a life span of potentially 10-15 years, and so we have to add in that number divided by your present life expectancy times the cost of the future procedures.

This is just a start in that we have not addressed your pain and suffering.


It sounds like they're passing the buck to the outsource company while in the meantime, you're running out of time to file. If this goes on beyond the statute of limitations period, you won't get a dime, even if they made an offer.

Call a local attorney right away.


I would contact a personal injury. I just handled a lawsuit involving broken teeth and the need for oral surgery to replace several teeth. I am happy to talk with you. Good luck.

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