Can I sue for pain and suffering if I went into a nail salon to get my eyebrow wax since they burned my eye with hot wax?

My eye was swollen shut the lady that wax my eye said I know I burn your that why put the cream on it. Can I sue her for being so careless?

Asked on August 25, 2018 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, you can sue her if, as appears to be the case, she was negligent (unreasonably careless). But the real issue is, is it worth suing? Lawsuits are not designed to punish wrongdoers in cases of simple carelessness; they are designed to compenstate the injured person. You can get compensation for any out-of-pocket (not paid by insurance, Medicare, or Medicaid) medical costs; for lost wages, if you missed some work; and, IF the injury resulted in serious life impairment or disability lasting months or longer, some amount for "pain and suffering" (though you would have to hire and pay for a doctor to testify in court about the nature and extent of the life impairment). If you suffered a minor burn which heals well and quickly with little or no permanent aftereffect, and you did not have thousands of dollars in medical bills, it is not worths suing; you will spend more time and/or money on the case than you will get back.

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