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When Assessing the Viability of a Claim, Keep the Following Elements in Mind:
Details of The Accident
The location in and method by which the burn occurred are essential details in this type of suit. Such information is particularly important in these cases because it helps determine the degree to which the defendant is responsible for the burn injury, which is a major factor for the jury in determining an award (should the case go to trial).
For this reason, it is important to deeply investigate the location the burn was sustained, as a workplace settlement will often differ greatly from a suit against an individual. Additionally, how the injury occurred has a substantial effect on what type of reward may be possible to collect. Clear negligence on the part of the defendant will often result in a higher settlement, whereas situational accidents may be slightly more difficult to argue.
Compensation Available in Burn Cases
In burn injury cases, damages for both physical and emotional pain may be recovered. While actual amounts vary widely from case to case, consideration of the intense pain and scarring associated with burns may make it possible for the victim to be paid for both the physical and emotional trauma that resulted from the incident.
Burn victims have a higher likelihood of various emotional disorders, such as depression or social withdrawal, which makes the emotional component of the settlement a highly justifiable expense. The way to recover adequate compensation for all of these damages is to hire burn injury attorneys who have years of experience with catastrophic injury cases to advocate for you.
Punitive Damage Assessment
Punitive damages are financial charges intended not only to compensate the victim for the pain caused, but also to penalize the defendant for particularly negligent or deliberately harmful behavior. The amount of punitive damages sought will usually be affected by the financial means of the defendant. A wealthier defendant will, therefore, likely be subject to a higher cost so they truly feel the impact of the settlement.
These types of damages are notoriously difficult to predict. Gross negligence is a complicated thing to establish, but just the threat of punitive damages may be enough to entice the defendant into agreeing to a settlement. Because these damages are directly informed by the amount of wealth the defendant possesses, many companies or manufacturers may find it prudent to settle out of court rather than risk the punitive damages the jury may award. If you are one of the many that have fallen victim to a debilitating burn accident, you need a Los Angeles burn injury attorney on your side.
Types of Burn Injury Settlements
- Product liability - In a product liability settlement, the injured party must have been properly operating a piece of equipment or product as instructed when a burn was sustained. An example of this would be the material of a piece of clothing being unnecessarily susceptible to flames and catching fire, resulting in the burns of the wearer. Another example would be a faultily designed oven mitt that left serious burns on the hand of the user.
- General negligence - General negligence suits involve the negligent action of someone expected to behave in a way that does not result in damage. For example, if a propane tank is overfilled by an employee and the next user sustains burns from this oversight, the company and its employee may be liable for any damages or injuries caused.
Put Years of Experience in Your Corner
If you have sustained a burn due to the careless or negligent behavior of a company or individual, contact BD&J at (855) 906-3699 to speak with a Los Angeles burn injury lawyer. We serve clients throughout California.
Contact us at (855) 906-3699 or fill out our online form to schedule a FREE case consultation with our attorneys.