I'm with Lizzy Whispers. The person with the injury should confer with a well-qualified attorney or two. A third-person posting in the legal forum of a hooker board isn't the best way to evaluate a claim. But I'll offer my top-of-the-head view of the viability of the claim: In order for a person to incur severe scarring from bedbugs or fleas, they must have been exposed to the agent over time. In other words, one probably wouldn't get severe scarring during one night. So the young lady may have continued to expose herself to the agent despite being aware of the injury. A lawyer would say she "failed to mitigate her damages," which could bar her recovery.
Originally Posted by ShysterJon
Jon, you're probably right, but let me offer my $.02.
I work for a prominent Austin personal injury attorney as a legal assistant, and I spent many years adjusting personal injury claims before that, which means I know enough to be dangerous; please correct me if I get something wrong.
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If I'm interviewing this woman as a potential client, first I want the name or names of the renters who had this room immediately prior to her. An affidavit or deposition from them as to the presence or lack therof of bedbugs would go a long way toward making or breaking this potential case. If she doesn't know, then my attorney probably files suit so he can subpoena the records of prior tenants.
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Also, the lady may not have been educated enough to figure out why there were scars and/or sores appearing on her body. She may have only found out after seeing a physician. If that's the case, then it seems to me that failure to mitigate wouldn't apply, or at least the plaintiff could attempt to refute it. And the horrific effects that such scarring takes on a young, probably attractive woman would be keenly felt by a jury, I daresay. If I'm the adjuster on this case, and there's any chance at all of it going to trial, I'm telling management that I need wide latitude to resolve it, because the verdict value of a case like this far exceeds the settlement value.