Legal Question in Personal Injury in Texas

I recently had my tooth chipped as a result of eating from a fast food chain restaurant. When the incident took place I was trick-or-treating with my children, so as a result I was eating while walking around our neighborhood. When I bit into the chicken nugget, I immediately heard and felt a rather loud crunch, but didn't immediately feel any discomfort in my broken tooth. Seeing as how right at that moment I wasn't yet aware that my tooth had been chipped, I immediately spat out the partially chewed food that remained in my mouth. Shortly after that I called the restaurant and explained what took place.

They filed a claim with their liability insurance, and after a very long struggle with attempting to get in contact with the claims representative, I finally was able to. After explaining the details of my situation to the claims rep, I was told rather bluntly that due to me not having any of the food/tooth evidence, they would not be able to pay any of the cost of fixing my broken tooth.

My question is, what alternative options (if any) do I have at seeking compensation from the individual restaurant franchise owner?

Thank you,

Chris


Asked on 12/04/14, 12:06 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

You can sue in small claims court. It will be hard to find an attorney to take it because the damages are, for a lawsuit, slight and it all comes down to whether a jury finds your claim as probably true without any evidence other than your testimony.

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Answered on 12/28/14, 3:33 pm


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