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
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.
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.
You should get a Lawyer.
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.
Sign up to receive a 3-part series of useful information and advice about personal injury law.