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TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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We are a skin care company servicing clients. We did a chemical

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We are a skin care company servicing clients. We did a chemical peel service to two clients who are sisters. Our protocol was always a single coat of the 25% TCA solution. Apparently, the client ask for another coat which is not our protocol but they were insisting, so our esthetician applied another coat. After a few days, they got 2nd to 3rd degree burns from the reaction to the 25% TCA solutions. I already reported it my Insurance company.

The Client has been calling us that they just want to settle it with us monetarily to keep things quiet. They said that their lawyer advise that to them. They mentioned that Insurance only cover bodily injury and not emotional/depression injuries, so they told me that I might as well settle it and not go thru insurance anymore. They said they will sue me again after settling with insurance for emotional damage and depression.

Please advise your thoughts if this is even legal after insurance determines and settles it with them.
Hi,

Thank you for your question.

Your company is likely liable for the injury because the esthetician was negligent in allowing the second coat which caused the burns.

However, the customer is incorrect about what they are saying about the insurance company. The insurance company will cover you for all damages asserted by the customer in this case, including their emotional damages and pain and suffering. Further, they will not be allowed to accept any payment from the insurance company and still sue you. If they accept a payment from the insurance company, it will only be given in exchange for their release of claim (meaning they settle their right to sue the company).

Finally, if they got a lawyer to advise them, then they must not have a very good case because it would be the lawyer contacting you rather than them.

My thoughts are that a person in your shoes should simply tell them that you have turned the claim over to your insurance company and will not consider settling outside of that.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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