Legal Question in Personal Injury in California
I had a brazilian bikiini wax on 1/29/10, the next day I noticed a large bump along the bikini line & thought it may just be an ingrown hair. By the following day it was worse & I knew it was not an ingrown. At the same time,I noticed my nose was getting big, red and sore! I continued to go to work as I had just started the job and didnt want to lose it right off. By the second week my nose looked like I was W.C. Feilds on a bender and I couldnt wear pants! I confided to a female co-worker about the "other" infection that couldnt be seen. She said I really needed to go to the doctor but I was afraid of losing my new job. She suggested how bad my nose looked to my manager & he said to take the time off to go to the doctor. When I went in, my doctor said "ewww'... and then I said by the way I dont know if these two things are related or not but I've got the same thing on the bikini line. He said there's no doubt, its MRSA. He put me on 2 different antibiotics (which made me very sick) sent me home for 3 days and gave me a consult to a dermatologist (that I didn't even get to see for 3 weeks) that was it. Bikini area shrinking, nose still flaming. I called the technician that had done my waxing for over 7 years to let her know because I know she doesnt change the wax daily and in fact "double dips" By that I mean, she takes the wooden stick & dips it into the wax & then onto my skin & then back into the wax again and again. I never thought much of it before. She cried, I told her it's ok, just call your insurance company. Thats where it went to hell. I have have had 7 outbreaks, almost ended up in the hospital twice & 1 surgical proceedure and 4 large scars, one of which is on my face! All I wanted to do was play nice. The insurance lady says she has a problem with my claim because I'm the only one that got it. To which I say "well, maybe I;m the only one who's skin was broken! In her statement(the technician) to her own insurance company, she admitted that she doubble diped and didnt wear gloves as required by law! Although I had seen the same person for7 years, this was my first trip to her new salon. I Now feel like taking the insurance company to the cleaners, as well as the parent company (HUGE company) and the new salon. I'm so sick of being sick, not being there for my husband and just generally feeling like hell. Can you help? Thanks, J
7 Answers from Attorneys
We are seeing more and more cases like yours and the insurance companies do not want to pay. They look for "other reasons" for the out break and often slng as much mud as they can. If you can stand the heat in the kitchen then there are a number of attorneys that would help. Call and we will see what we can do.
You don't have a claim against the other side's insurance company (you're not the policyholder, so it doesn't have any duties to you), but you very well might against the technician and/or the salon.
It's not clear which "parent company" you have in mind. You won't have a claim against the insurer's parent. You might have one against the salon's, but that will depend upon both the structure of their businesses and how they operate.
Good luck.
You should have photos taken, and I think with the evidence that you want in for a wax and then had this happen at the same spot, it is pretty clear where it came from. Let me know if you want my help.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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I have handled cases against salons before. There are strict rules which they must comply with regarding the sanitation of their equipment, and as such it can be very hard for them to escape liability, IF you are represented by a competent and aggressive attorney. Otherwise, like all guilty people backed into a corner, they will try every dirty trick they can think of to try and escape liability. You have suffered a serious injury, so they are looking at high exposure. Nothing less than the realistic threat of a lawsuit will get them to take responsibility. Now is the time to "lawyer up," before they become bold enough to try something like destroying evidence. To talk about the case in more detail, you can call me toll-free at (877) LION-FOR-LAW (546-6367).
As a female, I understand the pain which you have endured and I can clearly empathize with you. Based on the information which you have provided and the fact that insurance companies are becoming more and more difficult to deal with, I would suggest that you retain an attorney to aggressively represent you and protect your rights. You should not go up against the insurance company by yourself. Your injury sounds serious enough that legal counsel would be of great assistance to you. You should not give a statement to the other party's insurance company and you should make sure your get proper legal advice in the handling of your case. I strictly only represent plaintiff's in personal injury cases. I work on a contingency basis which means that I only get paid if there is a settlement. You can call me for a free consultation at (888) LAW-1177. My office provides quality service to all of our clients and we will aggressively fight for you rights. I will be more than happy to discuss your case with you in greater detail.
You should be documenting all of the issues that you have mentioned, and taking photos is very important. I am not sure how all of your injuries will resolve, and that is why the photos are a must. In these kinds of cases, as the others have mentioned, the insurance companies will not roll over. Appropriate experts need to be retained, and the case needs to be pursued. There are a number of attorneys who have plenty of experience in these areas, and you should get an attorney with the most experience in front of a jury, so the insurance company knows that your attorney is experienced. Check out the attorneys credentials before you retain anyone. For example, an attorney who is in ABOTA, or who has been selected as a "Super Lawyer", or who has been certified as a trial specialist, are the types of attorneys that you should be looking for.
My firm handles cases like this all over California. Give me a call for a free consultation at 800-816-1529 x. 1. 7 days a week, 24 hours a day.
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