3 Year old Injured by machine part in food

My three year old toddler girl was eatting some ready rice food when she bit into a machine part that was in the food. She broke her front tooth in the middle,her broke tooth cut her tongue,lips,gums and she has been to see the dentist once because she just turned three April 1 and no dentist would see her til three years old. Incident happened Jan 16 2006. The dentist made exceptions since she wasen't three yet. I contacted the product food company who had me send in the machine part and the packaging (after I took 20 pictures of all of it). Then their team did investagations, told me it was a product pouch gripper that came off their machine. My girl has to go April 10, for a white crown on her front tooth and be medicated because at such a young age,she probally won't sit still. If they can;t do the crown in the office , she will be put in the hospital,put to sleep to do this.She has been in so much pain and suffering...and the medicines,lost work and everything we have been through. What all should I ask for when the last dental visit is taken care of when My little girl gets her crown put on April 10th,in eight more days, and is better? The insurance company only put in a conversation that They will pay my out of pocket dentist expenses.trying to get by with little as possible. I wrote them telling them, they are crazy to even think I would just settle for that. I missed 11 days of work bought three hundred dollars in pain meds, not including special foods ,adjusted all her foods,comforted her many many nights of pain with her broken tooth cutting her tongue,lips,gums....ect. for my little girl and she needs pain and suffering and can us parents recover anything for having to deal with our precious baby girl getting hurt like this? What figure should I ask for? Any nice responses would be appreciated. Thank you.

Sounds like you already sued and won. You most likely are stuck with this judgment whatever the amount is.

I haven't taken any legal action yet because the products insurance company has been in contact with me ONLY offering the dental out of pocket expenses (i'm thinkin that means only what our dental insurance doesn't pay,like only the co-pay). They think I don't know what all I can ask for as far as compensation....and they are right to a degree. I don't know what all to ask for. My daughter has her injured tooth crowned on April 10,2006....next week. I told them (insurance company of the product) that I would contact them after the crown gets put on. Going by the missed work days (I had),the dental medication given at home,pain and suffering of my daughter,my and my husbands aggravation for having all this happend and having to take care of everything,the lost sleep,the doctors appointments,the insurance...ect...ect.. What should I think would be a fair offer to ask for ,for my daughter (her part will be held back til she's 18)and our part for all the out of pocket and any extra...that I can get. Keep in mind that I'm doing this for my 3 year old toddler.. For her and for her pain and suffering and injury. This should have NEVER happened..but it did and it happened to my little girl. Thank you.

Are you thinking about hiring an attorney? Might be a good idea. If you are going to take them to small claims court you might not be able to have an attorney and the amount you can sue for will be the small claims max which is usually small.

Best bet is to consult with an attorney. It is really too difficult to tell without knowing what state, state case law etc. and you want to get what you are entitled to. If an attorney tells you a certain amount and that amount is under small claims max then you decision has been made.

You should also requsest medicial coverage for the tooth until she is of age 21. When a child is in a car accident. Depending on injury. The auto insurance that was at fault will provide medical coverage until the children are 21. Because you never know when the injury may act up again. That is something you should keep in mind is the maintance on the tooth until you can see what kind if any damage it may of cause the adult tooth when it grows in. I don't thining asking for coverage until she is grown is to much to ask. It was their fault. I would request money lost from time off job, money for meds, pain and suffering, and the side afffect of this incident may have on your little girl mentally in the future.Having to go through such a traumactic experiecnce even though it wasn't her fault could put a bad taste in her mouth for her future dental care. There is no price that can cover the long lasting affect of something like that. Good Luck

Its been almost five months now and still after stacks and stacks of dental release forms,proof of personal loses ect...ect.. I still have Not received any offers from the Food Companies Insurance carrier. They sent over their investigator for a home interview,recorded,received many , many injury pictures of my now three year old and its been already about five months and they havnen't offered us anything. Does anyone know how they will going about offering their settlement? Do they send me a letter,call me on the phone or do they Come visit and offer it person to person? Please let me know if you do know this. I'm going to set a date tomorrow and if they haven't responded by then, I'm hiring legal help. Thanks.