Personal Injury Law
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Shannon,It is possible to file suit, but unless there is significant injury to you, the costs for suit would far outweigh the benefits. For example if this caused you annoyance but no real serious injury, then you could potentially only sue for the cost of the botched job and nominal damages ($1) as punishment plus costs for filing. That, itself, may simply not be worth going to court over. Plus, if the salon refunded the money or re-did the work, then the injury is likewise disappeared. Provided there is no significant injury to you, this may be a waste of time and resources.Good luck.
Shannon,That is different, and that is a very significant injury. Provided the salon was unable to repair, then you could file against them for damages that you suffered from their failed procedure.Hope that helps.
Hi Shannon. Thank you for following up. When a person causes harm to another person, they do so either intentional (an intentional tort) or unintentionally (negligence). I am assuming that this different girl did not do this intentionally, but rather did so out of extreme stupidity. (if you believe otherwise, please tell me and I will discuss intentional torts further). Under the tort of negligence, you would be entitled to what is known as compensatory damage. This means that you must be placed back into the position you were in prior to this occurring. You can either recover from the individual who did this to you, or from the location that she works. This is known as vicarious liability. As for what you would be entitled to, it would likely be two to five times any medical bills that you have as well as any lost wages, or other expenses. The amount you would recover would be for any pain and suffering, loss of enjoyment, or duties under duress. The more this affected your life, the more you would be able to recover. As for how to sue the company itself, you can either do this yourself, or you can get a personal injury attorney involved. There are many attorneys who would do this, however, the terms of service do not let us point you to any one lawyer in particular. That being said, if you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with. In a case like yours, an attorney would take your case on contingency, which means that you would owe nothing out of pocket. Salons like the one you went to have liability insurance in place to pay for things just like this, and will likely settle with you without you ever having to go to court. If, however, you would prefer to sue them directly, you can do so by filing a motion and serving the representative of the company. If you would like to do this I can assist you further, all you have to do is ask. So, in response to your follow up, you should not pay an attorney for a case like this, they will take the case on contingency, and you will owe nothing out of pocket. If the attorney wants to charge you a consultation fee, make sure to hang up and call the next attorney on the list. As for having cases like this, while I have not personally had this exact case, I have had many similar. From getting pink eye from trying on makeup at a salon, to using the wrong product on hair, if this person did anything wrong you are entitled to significant damages. Even if they didn't you are still entitled to something and an insurance company will likely pay your. It is definitely worth a free consultation with a personal injury attorney in your area.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.Have a wonderful rest of your day.
Damages are assessed in two ways. First, there are economic damages. This is all of the ascertainable damage that you have experienced, such as the $2,500 as well as any gas you may have used to get to and from the store you had to get the hair extensions from, as well as any parking costs you would have had to pay. Secondly, there are non-economic damages. These are the damages that have no real set amount and are determined by a jury. Attorneys use past settlements to decide what a person is entitled to based on all of the facts. If you had trouble sleeping for example, or were depressed and ending up gaining weight, this would be worth more than if these things did not happen. As for suing yourself, you absolutely can do this, however, this is a long process that will not be easy. Before you undertake such a process, you should consider writing a demand letter to them. In a case like this, there are two issues, liability and damages. Concerning liability, the fact that they have admitted fault means you will likely not have to fight them on this. Thus, the only remaining issue will be determining damages. You should look at all of the ways that you feel your life is different because of this and assign a dollar amount that you feel is fair. Again, while an attorney would look to other settlements of pain and suffering, you will simply need to look at what you feel is fair. For example, if you were on a jury, what would you think your economic damage would be worth. You can definitely ask your friends as well. In a case like this, an attorney would likely ask for a $50,000 settlement, especially if you had pictures. They would then likely be willing to settle the case for $15,000 - $20,000 depending on exactly how this affected your life. More if significantly, and less if you were fine within a matter of months. If you do not want to file your case in a court of competent jurisdiction, you will definitely want to start with a demand letter. If they fail to meet your demands, at that point, you would sue the salon. As to suing the owner of the salon, that would depend largely on how this person set up the salon. Depending on how they set up this business will depend on whether or not you can go after their assets directly. You are right that going after the girl will likely not yield any positive results, though if you end up with a lawsuit, you will want to name both the girl, and the company as defendants.
If you choose to file the lawsuit yourself, and not hire an attorney, you will do so in the court where this injury took place. You will draft a complaint alleging your damages, and you will need someone to serve this complaint on the defendant. You can do this by hiring a process server, or by having the sheriff do it, or by having the secretary of state do it, or by having someone not a party to the lawsuit do it who is over the age of 18. At this point, the defendant will then provide an answer, and certain court dates will be set up. You will likely be deposed, and have to depose people, as well as put witnesses on the stand. Again, getting an attorney involved may be significantly more beneficial as they will likely be able to settle this case without ever having to go to court. As for who you would serve, you would go to the secretary of states website here:http://www.sos.state.tx.us/corp/service-of-process.shtmland they will take care of everything else for you. If it is a sole proprietorship, you would serve the owner. If it is a corporation, you would serve the Agent for service listed with Secretary of State or any corporate officer (president, vice-president, secretary, treasurer), chief executive officer (CEO), controller, chief financial officer, or general manager. If it is a Limited Liability Company (LLC), a Limited Liability Partnership (LLP), or a Limited Partnership (LP) you would serve the Agent for service listed with Secretary of State or a general partner. If you have any other questions, or need clarification on anything I have said, please do not hesitate to ask.
Hi Shannon. I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. I hope you are having a wonderful day.
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