It has been about a year and a month since I had a pedicure that went bad, is it too late to do something about it. Other things, serious health concers have came up in the past 2 months that could be because of it.

Went and had pedicure, not even a week later my toe was very swollen, I remember
he cutting the corner a bit cause i pulled my toe back and she proceeded, wasn’t
a big deal I thought. After 3 trips to ER and antibiotics for ten day they had
to remove nail. She said she thought was ingrown but I have never had that happen
before plus was where she cut it. Even though I couldn’t wear anything but
sandals because I wanted it to grow back right I did nothing about it. Since
then months later I am told I have hep c. No liver damage at all as of yet.
The girl that did my nails is claiming no responsibility for anything, not even
having to have the toenail removed. Is there anything I can do.

Asked on May 30, 2017 under Personal Injury, Florida


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

Answered 3 years ago | Contributor

You should speak with a personal injury attorney as soon as possible because if the applicable statute of limitations expires, you will lose your rights forever in the matter.
It may be possible to settle the case with the pedicure establishment's insurance carrier.
If the applicable statute of limitations is approaching, file a lawsuit for negligence against the pedicure establishment.
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 pedicure's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the injury and Hep C and will be 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.

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