What is my recourse if I was sprayed in the face by an exterminator?

A man was spraying my condo for bugs and I was standing in the doorway. He stood up from

spraying forgot to let go of the trigger on the can of bug repellent and shot me directly in my eyes and face. The first 2 weeks I had red eyes with bad headaches. I seem to have very bad headaches daily since the accident. They are very painful and I never had any headaches before the accident.

Asked on January 21, 2018 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You need to obtain the name, address, and telephone number of the insurance carrier of the extermination company.  Notify the insurance carrier in writng that you will be filing a personal injury claim.
You will need to document your injury with medical treatment in order to have a personal injury case.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the extermination company's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the extermination company's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the extermination company.
If the case is NOT settled, your lawsuit for negligence against the extermination company must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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