What circumstances give rise to a claim?
Under the Sale of Goods and Services Act 1982, any goods and/or services supplied to a customer must be supplied or carried out with reasonable skill and care. If they are not and the customer is injured as a result of this failing, the injured party will usually be entitled to make a claim for compensation.
Examples of circumstances which may give rise to a claim:
- Failure to complete a skin patch test
- Allergic reactions to chemicals used in a salon
- Burns obtained through the use of defective products
- Poorly performed beauty treatment or cosmetic procedure
- Unqualified or untrained staff completing procedures
- Hair or scalp damage resulting from colouring carried out at a hair salon
- Eye injuries sustained as a result of eyelash treatments
How do I go about making a claim for compensation?
During our initial consultation we'll gather as much information about your incident as possible in order to work out who is responsible. We will also discuss the extent of your injuries and losses and take the time to establish any rehabilitation needs you may have so that we can look to arrange treatment for you as soon as possible.
Before submitting your claim, we will work closely with you to gather as much evidence as possible in support of your claim therefore maximise the chances of securing an admission of liability from the party at fault.
In the vast majority of cases the compensation amount you receive will be agreed with your opponent once your medical evidence has been finalised and we’ve gathered all the information needed to support your financial losses. Where it isn’t possible to reach an agreement, the case will need to go to court for a judge to make a final decision on the compensation you’ll receive. If this happens, we’ll guide and support you every step of the way.
What information do I need to provide you with about the incident?
We’ll need to know exactly when and where the incident happened, who you believe caused the injury, whether the incident and/or your injuries were reported to anyone and whether any remedial action has been taken.
With hair and beauty claims it is always helpful if you can provide us with details of any products or equipment that was used during the treatment and provide us with photographs of your injuries. If you have any correspondence from the manufacturers of the product or the treatment provider please also bring these along to your first appointment.
How long will my claim take?
There are two main factors that affect the duration of any claim:
1. Whether or not the third party admits liability for the accident
2. The extent of your injuries and how long it will take for you to recover or if there will be any lasting damage
If liability is admitted swiftly and your injuries are relatively minor then your claim could be settled within a matter of a few months. However, if you have suffered more complex injuries and treatment is required to facilitate your recovery, it is likely your claim will take longer to conclude as more medical evidence will have to be obtained before we can accurately value your claim and commence settlement negotiations.
If the party responsible deny liability it can take several months to gather together the evidence required to overcome their denial. In cases where the injury is caused by a faulty product it may be necessary for tests to be carried out on the product itself. Alternatively, in matters where the treatment provider’s methods are the alleged cause of the injury we may need to gather statements from other professionals in the industry to support your case.
How much compensation will I receive?
With hair and beauty injuries in particular, it is extremely difficult to predict exactly how much compensation you will receive right from the very outset. People often think that certain injuries will automatically attract a specific amount of compensation but when you make a claim your pain and suffering, treatment, recovery time and any financial impact are all taken into account. For that reason, we can only provide a truly accurate valuation of your claim once your medical evidence is finalised, any necessary treatment is completed and all your financial losses have been documented and calculated.
Our Compensation Calculator will give you a projected value for some of the most common hair and beauty injuries and may also help you to understand the way in which injuries are valued by solicitors, insurance companies and courts.
Unfortunately, no compensation calculator can provide you with an accurate valuation of your compensation award simply because we need to know all the critical aspects of your individual case to be able to accurately assess the compensation due to you. However, entering your injury details in our Compensation Calculator may just help you to decide whether or not you wish to pursue a claim.
Do I have to attend a medical examination?
If you've been injured as a result of a hair or beauty incident we strongly recommend that you seek medical attention as soon as possible. Many of the products used by hairdressers and beauticians are quite potent and therefore any injuries sustained should be checked by a medical professional immediately to ensure that they can limit the risk of you suffering any long-term effects.
During the course of the claim you will also need to attend an examination with an independent medical expert. This is something we will arrange on your behalf and usually takes place within a short distance of your home or work address.
The medical examination will enable the specialist independent medical expert to create a detailed report which will help us to determine the extent of your injuries and the impact they have had on you as well as commenting on any future treatment that may be required. The medical report is crucial to your case and enables us to accurately value your compensation claim.
What financial losses can I recover?
In addition to your injury compensation, known as general damages, you can also recover any out of pocket expenses caused directly by the incident. These items are collectively referred to as special damages.
The most common financial losses included in a slip or trip accident claim are:
· Initial treatment/procedure cost
· The cost of any treatment required to rectify and/or treat the injury sustained
· Prescription or over the counter medication charges
· Loss of earnings
· Travel expenses
Any financial losses claimed have to be supported by documentary evidence such as receipts or invoices. Our solicitors will help you collate a list of your financial losses and assist you in gathering any evidence needed to support these losses to ensure that you are not out of pocket as a result of your accident.