Q: My daughter has mouth and throat injuries from a metal shard found in her sandwich. What are my next legal steps?
On 4/17/22 my daughter purchased a sandwich from a restaurant. After a few bites she gagged to prevent herself from swallowing a dirty jagged piece of metal. I called the restaurant immediately and spoke to a manager about the shard. My daughter had to go to the emergency room that same day due to injury of the mouth. The metal was taken to the restaurant the following day and two employees examined the object and took pictures of it to be sent to the owner along with my contact information. One of the employees had suggested where it may have came from. On 4/19/2022 I was contacted by the owner. During the call he asked personal information about my daughter (name, what hospital she went to, what school she attends) that I found to be odd. I'm not sure how to move forward. She's still in pain and her Dr. Determined that a fragment of a foreign object is in fact in her throat tissue. I have the metal object, photo of receipt and ongoing medial records. What do I do next?
A:
Sounds like you are doing a great job documenting your daughter's injuries and damages, but you still don't have the full picture if more medical treatment may be needed.
It is true that an injured party often provides medical records to prove damages, but you are wise not to blindly provide medical information to the at-fault party (owner/restaurant). The owner likely has insurance, and a claim should be opened for bodily injury. Once all medical treatment is completed, you will have a better idea of what damages need to be covered including future medical care and/or future pain and suffering for any permanent injuries. Speak with an attorney who understands this area and has experience with these types of cases.
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