Can you sue a nail salon if they cause a MRSA infection of the toe?

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Can you sue a nail salon if they cause a MRSA infection of the toe?

Asked on October 14, 2012 under Personal Injury, Virginia

Answers:

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

Answered 9 years ago | Contributor

You can sue the nail salon for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable nail salon would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing your lawsuit, it may be possible to settle the case with the nail salon's insurance carrier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and if applicable documentation of any wage loss.  Your personal injury claim filed with the nail salon's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury 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.  If the case is settled with the nail salon's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the nail salon's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the nail salon.  If the case is NOT settled with the nail salon's insurance carrier, you will need to file your lawsuit for negligence against the nail salon prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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