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We are a skin care company servicing clients. We did a chemical

We are a skin care...
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.
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Answered in 3 minutes by:
5/14/2013
Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 58,946
Experience: Licensed attorney helping individuals and businesses.
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It would be suggested to settle. If they recover they would need to notify and return funds to their insurer.
Settling makes sense given likely finding of negligence even if costumer may have contributed to the injury. By settling can avoid exposure to judgment, legal fees and lost time. Good luck!
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Customer reply replied 4 years ago

To settle meaning our Insurance will settle?

Correct. Typically insurer will evaluate whether to settle or defend. Here early settlement is more likely. Kindly I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
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Customer reply replied 4 years ago

I did not quite understand what you said.


 


"It would be suggested to settle. If they recover they would need to notify and return funds to their insurer"


 


I did report everything to the insurance company already. Is it up to me to call the injured party that I want to settle or should it go through insurance to decide to settle?


 


When insurance decide to settle, can the injured party come after me again for emotional/depression injury after settlement?

Your insurer should settle for you. No reason for you to pay personally. In exchange for settling insurer should get a general release as to all claims relating to the incident. That would prevent all future attempts to recover.
Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 58,946
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Customer reply replied 4 years ago

This is a follow up on my earlier question. I spoke with the injured party, they said that their lawyer told them that they will file two cases against us, one for personal injury and a separate one for emotional damage but both will be filed the same time. They said I cannot escape the other.


 


Would not the insurance cover both? They are pushing us to settle monetarily personally without lawyers involve.


 


If we don't settle now, they will go to media and damage our company. Is that even legal while it was already reported to insurance to take care of?

Insurer would cover both. Any settlement should seek to cover all claims. The only way insurer doesn't pursue all claims is if certain claims fall outside the policy terms.
Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 58,946
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Infolawyer
Infolawyer
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