A hair salon chemically burned my wife's head during a hair dying. She also experienced stupor, fever, body aches, nausea, dizziness and temporary loss of vision.
She was treated at urgent care and we documented the second degree burns with video/ photos. Rx for the burns which we've been applying twice daily.
We're trying to find another doctor who will test urine/blood for toxins.
The salon is a national corporate chain and the parent company is noteworthy. With a lawsuit in mind, how should I report the incident to the company? Should I send a certified letter to the parent company?
Is there anything else I'm missing, besides reporting the incident and documenting the treatment and injury, such as DB&PR?
Will they offer settlement or is it possible to demand one myself?
The first thing you should do is make sure that your wife recieves and obtains any appropriate medical treatment. The second thing you should do is to retain an experienced personal injury attorney.
That absolute last tyhing you should ever do is attempt to negotiate and resolve sucha case yourself. Doing so may certainly be possible, but please know that you will recieved no serious consideration from the company or its insurance carrier unless you are represented. I have had many many people contact me after they "saved money" by settling a claim themselves only to later realize that tehy should not have done so. There are always exceptsion, but in almost every case, you will make a better and more appropraite recovery (generally even afer deduction of attorneys fees) if you simply retain an attorney at the toutset and do not speak to or interact with the tortfeasor or its insutrance company. They do not have your interests in mind.
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You ask several questions thus I will reply specifically to each one. There is no legal requirement that you report the incident to the salon. Should you wish to obtain a financial resolution, then your best alternative is to seek the assistance of an attorney. Although you may contact the salon and attempt a resolution without the assistance of an attorney, it is unlikely you will be fairly compensated. There are many reasons why you would not be fairly compensated including that most non-attorneys are not familiar with the scope of damages that are compensable, the value of the injuries, the process to maximize your compensation, and how to negotiate with the salon or its insurance carrier. Your best option is to seek the services of an attorney immediately. If you are not pursuing a claim, then you are correct that the Fla. Dept. of Business & Professional Regulation is the regulatory agency responsible for handling your complaint.
Your wife's health is paramount. Medical follow-up to confirm the full extent of injury and proper care for healing.
I assume the hairdresser was aware of the injury but a simple letter (retaining a copy ) to the manager will suffice at this stage.Just state that your wife was injured by the actions of the hairdresser and required medical attention ,incurred bills and is still under care.
You are certainly entitled to represent yourself in this matter but I always point out that you are an amateur dealing with professional claims adjuster. They are looking out for the financial interests of the insurance company ,not yours. Please see the video on this subject at my website.
At this stage ,concentrate on your wife's recovery. There is no obvious advantage in giving any recorded statements . At least consider consulting with an attorney experienced on personal injury.Most will give a free consultation.
I wish your wife a speedy recovery.
See a local injury lawyer. Dont contact the salon. The salon's ins co doesnt want to pay you much if anything. You need legal help to organize the case, and the damages. Make sure your wife follows up on all the injuries and health problems. You dont want to settle before you know the scope of her injuries and what treatment will be needed, etc.
While not every case requires an attorney, you would be wise to consult one here. Depending on the severity of the injuries, this case may be an example of one where an experienced injury lawyer may help enhance the value of the claim. You may do yourself and your wife more harm than good by making a do-it-yourself attempt.
Keep in mind that just because the company is large does not mean that they will open up their coffers for you. The nature and extent of the injury, and how it is presented, will most likely determine the outcome.
Don't get in over your head, and considering that you're bouncing a lot of questions off of experienced attorneys here, I respectfully suggest that you may be going in that direction. A local, experienced, injury lawyer will provide a free consult, so why not explore that route first? At least you'll have a better idea where you stand and then can make an educated decision about your next steps with or without a lawyer.
All my best to you.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Pertinent questions would be: Were there any warning given about issues with the product prior to application? Did they ask if she had used the product before? Did they ask if she had any allergies to this type of product? Regarding whether or not you will get a monetary reply from this corporation, it is difficult to answer without more facts. I would suggest sending a certified letter to the parent company reporting the incident and demanding a reasonable amount of monetary compensation. In this letter you should describe why you believe the company is at fault, request a reasonable monetary amount based on a fair estimation of damages (include medical bills, loss wages, past and future pain and suffering), and include all photos, copies of bills, medical records, proof of wage loss (if applicable). Please see a personal injury attorney to assist you in this matter.
Negligence is a key concept of injury liability, and occurs when someone fails to take a reasonable amount of care to avoid injuring others.
Damages in personal injury cases generally compensate victims for their losses, but some damages are also meant to punish the injurer.
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