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I wanted to help local JCPenney salon and I asked for a

Customer Question
I wanted to help...

I wanted to help local JCPenney salon and I asked for a relaxer and a black rants and stare they put a relaxer and a permanent dye in my hair and they put me on the dryer long story short I wanted to allergic reaction that had me leaving there in an ambulance with medical bills a burnt scalp and hair damage how much should I ask for it to settle without going to court

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

I wanted to help local JCPenney salon and I asked for a relaxer and a black rants and stare they put a relaxer and a permanent dye in my hair and they put me on the dryer long story short I wanted to allergic reaction that had me leaving there in an ambulance with medical bills a burnt scalp and hair damage how much should I ask for it to settle without going to court

Lawyer's Assistant: Has anything been filed or reported?

Wisconsin

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’ve checked around I should never had gotten a relaxer and permanent dye I was in sever pain including shortness of breath emesis and burning lungs

Submitted: 8 months ago.Category: Legal
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Customer reply replied 8 months ago
The salon had a person from AIG contact me
Answered in 3 minutes by:
10/3/2017
Lawyer: RobertJDFL, Attorney replied 8 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,053
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 8 months ago
Sorry this auto text is awful
Lawyer: RobertJDFL, Attorney replied 8 months ago

Good evening,

How much you should ask for really cannot be quantified without a full consultation and evaluation of your case by an attorney in your area (not saying you necessarily need a lawyer, but you should discuss this with a personal injury attorney in your area). You can use this settlement calculator though to give you an idea of what your damages could be (or what you feel they should be). There are two types of damages. The first is "special damages" -things like your medical bills, future medical expenses and lost wages. Those are easy (or at least easier) to calculate. Then there are the general damages, which uses a multiplication formula that multiples the special damages between 1.5 -5 depending on the facts and circumstances. Things that are taken into consideration are issues such as whether you will have permanent injury, disfigurement, whether you will make a full recovery, will you be able to return to work, and so forth.

I would say on average, as a loose rule of thumb, the number usually ends up being a heck of a lot closer to 1.5x the special damages instead of a 4 or 5. Not to say you can't ask for it if you believe it is warranted, but understand it is the adjusters job to knock you down and pay you as little as possible, so they almost certainly will reject your first offer. As such, it's probably good to go a little higher at first, to give yourself room to negotiate back and forth for a bit.

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Customer reply replied 8 months ago
You’re answers are very general I will have medical bills- ambulance,lab,ER visit,ER doctor,radiology and medications and IV fluids. Then treatment for my hair and scalp at least 90 days and finally pain and suffering.
Lawyer: RobertJDFL, Attorney replied 8 months ago

My answers are general in nature because I don't know what those dollar figures are, so it's impossible to just give you a random dollar figure (to do so would be unfair to you and wholly irresponsible). That's why I gave you a link to the settlement calculator (please let me know if the link I gave you before doesn't work, I'll resend it). It allows you to input the bills and expenses you have incurred, to come up with your total special damages. Your general damages will fall likely about 1.5 times that amount. Your total damages therefore are going to be a combination of both your special damages and general damages -whatever your dollar figures are.

For negotiation purposes however, because that adjuster is going to reject anything you tell them and work to talk you down, you need to give them a higher number so that you can negotiate. If you start with your lowest number, they'll just talk you down from there.

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Lawyer: RobertJDFL, Attorney replied 8 months ago

So for example, assume your special damages (your medical expenses and lost wages, future lost wages) come to $5,000. Your general damages would be 1.5x that amount - or $6,500. Your total damages would be $11,500. But the figure you'd want to start with might be in the ballpark of $15,000-$17,000 so you can negotiate.

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Lawyer: Pheobe Clark, Lawyer replied 8 months ago
Pheobe Clark
Pheobe Clark, Lawyer
Category: Legal
Satisfied Customers: 154
Experience: Attorney at Pheobe A Clark Attorney at Law
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One other suggestion for you is that you could Google recent cases involving salon negligence and try to see what settlements or jury verdicts were received in those cases. You can also use those judgments or settlements in any kind of mediation to point out to the defendants what you could get if the case goes to trial.
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