If you are like most people who have been injured due to a massage parlor owner, negligence, or some other issue, you may be looking into filing a massage lawsuit against the spa owner or your personal injury attorney. One thing to consider is whether you would like to sue for actual damages or for an amount that can be considered for an award in tort.
The difference is that with an award in tort you will only get an award if the person who was injured actually suffered injury from the malpractice of the massage therapist or the business owner. In most states, awards in tort are the total compensation awarded to the victim or, at the very least, a percentage of that award.
Massage Envy Lawsuit Settlement
If you are looking for an award in a lawsuit settlement for actual damages, there are a couple of things to consider. First, you will probably need to provide your medical bills and a list of expenses to prove that you were injured as the result of the massage therapy.
Additionally, you will need to show that a substantial number of your life’s expenses were spent on the treatments that your massage therapist provided you with. Therefore, it is imperative that you keep your medical bills current and updated.
The second area to consider when filing a massage lawsuit settlement is to determine how much your spa business will lose as a result of a judgment against them.
The court often awards a large sum of money to the party that was financially damaged by the negligent actions of their massage therapy staff. For example, your massage therapist may have charged your insurance company too much money for certain procedures or treatments, which ultimately means that you will be unable to obtain reimbursement from your insurance company.
On the other hand, the court may award you a percentage of your back pain or certain punitive damages in cases where the spa owner was negligent in the way that they conducted their business. This is usually referred to as a soft judgment in legal terms.
It is important to remember that these are damages that you are seeking to be compensated for, not profits.
If you lose your lawsuit, the spa owner will not be able to retain any work at all in your town or city. In addition, they will have to pay your attorney and medical bills as well as pay for any additional costs associated with the lawsuit. There is also the potential that the soft judgment award will be reduced or eliminated altogether. This is one of the reasons that it is best to consult with an attorney very early in the process so that you can receive the most out of your lawsuit settlement.
When you are a victim in a massage lawsuit settlement, one of the first things that your attorney will be interested in knowing is what exactly happened that caused your injuries.
In many cases, you will discover that the massage therapist was using too much pressure on your back or buttocks area when he or she was performing a painful style of massage. The injuries that you suffered as a result of this massage could easily have been prevented by the massage therapist if they properly handled your body during the session. As a result, you might find that the amount of money that you are being owed by the defendant exceeds the actual value of the monetary damages that you are seeking to be compensated for.
Many victims of the massage industry have discovered that they cannot receive any form of monetary compensation from their injuries because their injuries were not caused by the negligence of the massage therapist.
Unfortunately, it is often not enough to simply report your injuries to your massage therapist and let them handle the problem. You may find that the insurance companies will not cover your claim due to your position as a massage parlor employee.
There are also many insurance companies that will reject your claim simply because your injuries were not caused by the massage therapist while they were performing massage services on you. For these and other reasons, you should seriously consider retaining an attorney that specializes in personal injury law so that you can receive the full benefits that are due you when you suffer from an accident caused by the carelessness of another person.