QUESTION
Do I have a fighting chance in court even if its been a year?
Asked on Sep 04th, 2014 on Personal Injury - New Jersey
More details to this question:
My 15 yr old daughter went to a salon to get her hair dyed and highlighted to blond. The hair stylist suggest to foil the highlighted hair first. She also said if it starts to get hot let her know. The top of my daughters head was foiled, they started to do the sides, just as i look over to my daughter i can see the pain in her face, she yells, its hot, i notice there is smoke coming out from the top of her head, the stylists work frantically to take out the foil, but it was too late, they burned her scalp! We went to dr, over and over, waiting for it to heal and grow back. She is now permanently scared and can not wear her hair as she wants for fear the bald spot will show. She also can not brush the close area as she says it still hurts. Shouldn't a cap have been provided since the stylist did say it could get hot. The salon did charge me, but eventually gave me my money back, but my daughter still suffers every day. I have pictures... do I have a case?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Your daugher absolutely has a case. Most people do not seek to litigate immediately after an event like this, it is only after they conclude that there is permanent harm that the consider consulting an attorney. You have plenty of time to investigate and prosecute a claim. The statute of limitations for a minor does not start tolling until 2 years from the eighteenth birthday.
Contact a reputable personal injury attorney who will (a) put the salon on notice a of a potential claim and obtain insurance information, (b) obtain all of the pertinent medical records, (c) attempt to settle the case out of court if that is possible, and (d) litigate if settlement is not possible.
All personal injury attorneys (including my office) work on a contingency basis and provide free consultations.
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Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz.
Answered on Sep 04th, 2014 at 11:33 AM