What are my legal rights against a laser hair removal technician whopurposely caused me an injury?

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What are my legal rights against a laser hair removal technician whopurposely caused me an injury?

This laser hair removal technician got upset and deliberately dabbed and held down the laser machine into my leg several times in several spots after I asked her to please go over spots she missed, leaving me with burns/scars. Her lawyers are saying they’re usual skin reactions to the treatment and calls them a rash that will heal. Meanwhile I have never had any skin reactions in the past 10 treatments I received from her. So doesn’t that ring a bell? My lawyer closed the case because he doesn’t think it’s enough money for him to get involved in, so now I’m forced to file small claims.

Asked on May 25, 2011 under Personal Injury, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you haven't suffered long term damage, then your lawyer was trying to probably save you some money since his or her costs would probably be much more than any monies you win in court if you were to prevail. You need to start with the agreement you signed. What does it say and what waivers are included. Then understand that while you signed some disclaimers, depending on your state's laws and case laws, you may still be able to pursue the matter in court. Now you need to quantify your damages and remember small claims court in every state has caps on much you could win versus civil court. Keep track of all medical bills and note every instance of pain you experience, and include pictures every few days as it heals.


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