QUESTION:
I went to get a permanent hairdo at a large salon. In the process of getting the perm, I got a severe chemical burn on my neck and I had to go to the doctor. He wrote a letter confirming the injury. I also went to about 6 therapy sessions and have been to the emergency room twice for illness that I believe were associated with the burn. Now that is almost all behind me and I am not sure how to proceed. I have not gotten a lawyer, but it seems like the insurance company only wants to pay for the therapy and nothing else. I’m wondering what I need to do. How much money can I expect to receive for a personal injury?
ANSWER:
Claimant is entitled to recover the reasonable value of all medical expenses that have been incurred, and that are reasonably certain to be incurred in the future, as a result of the injury. [Howell v. Hamilton Meats & Provisions, Inc]. The “value” of plaintiff’s claim ultimately depends on evidence to support it. Plaintiff’s naked assertions as to pain and suffering, medical expenses, loss of earnings and earning capacity, etc. will have little effect on an insurance claims representative or jury without corroborative proof. Thus, counsel evaluating damages should always determine the best evidence available to substantiate plaintiff’s assertions; and acquire that evidence while it is fresh. To recover for past (already-incurred) medical expenses, claimant must prove the following: The amount of each claimed expense; That each of the charges was reasonable; That each of the services or supplies for which medical expenses are claimed was actually given and was reasonably necessary to diagnose or treat the injuries; and That the condition that necessitated each medical-related expense was a proximate (legal) result of the injury caused by defendant. [Calhoun v. Hildebrandt (1964) 230 CA2d 70, 73, 40 CR 690,693; see Howell v. Hamilton Meats & Provisions, Inc., supra, 52 C4th at 556, 129 CR3d at 335]. It would be best to seek personal assistance from a lawyer in order to guide you in filing a personal injury claim.