Can I sue tattoo shop uninformed info an not signing a waiver?

I'm scarred really bad my skin is torn an the tattoo is dissapearing as the skin peals and falls off it looks and feels horrible..I went to another tattoo shop to get their opinion an they said it looks as if they dugg too deep into my skin I can't lift my arm an it's affecting my work performance...I have picz of how it looked b4 which was nice but as it healed the look an pain went from good to bad..I did not sign a waiver nor did they ask me to show id..I have a attorney ab proof that the owner didn't ask for me to sign a waiver (he also admitted to it) can I sue for pain an suffering an not signing a waiver? Thanx...serious answers only no *******