What was supposed to be a pleasant trip to a nail salon for a Florida woman turned into a nightmare of epic proportions. During her pedicure, she was cut by a mishandled pair of scissors.

The woman went into shock and nearly died from the resulting infection and went into a coma. While she ultimately survived, doctors had to amputate part of one of her feet and remove the toes from her other foot to save her life.

Now, incredibly, she has found out that the nail salon’s insurance company has just been freed from any obligation to pay her damages for her lost wages, disfigurement, pain and suffering. How did this happen?

The nail salon’s insurance didn’t cover professional liabilities, which means that while ordinary accidents like slips, trips and falls were covered, mistakes by a manicurist were not part of the policy. The woman states that her attorney has advised her that it isn’t worth continuing the lawsuit against the salon.

How can this happen? It’s an unfortunate reality that not every injury leads to a successful lawsuit, even when there’s clear negligence involved. Personal injury attorneys often have to decline cases because:

  • The person responsible for the accident has no insurance and no assets worth claiming.
  • The injuries you suffered weren’t severe enough to warrant a large settlement.
  • There’s some negative publicity surrounding your case that the attorney thinks may damage their firm’s reputation.
  • The case isn’t strong enough because of a lack of evidence or some other reason.

In the case above, the assets owned by the nail salon are likely insufficient to cover the expense of a lawsuit and pay for the woman’s injuries.

If you’ve spoken with an attorney who declines your case, find out why. Then get a second opinion. Not all attorneys may see things the same way, and you owe to yourself to find out if there’s an attorney who is willing and able to pursue your claim.