Suffered Severe Burns? Get Trusted Counsel Today!
Much like any
personal injury, the particulars of a burn injury are difficult to assess without looking
at the case itself. No two cases are the same, but the process usually
includes determining burn severity, answering the question of intent,
and assessing the financial situation of the faulty party for the purpose
of collecting any settlements. The Los Angeles burn injury attorneys at
BD&J, PC are able to help you successfully pursue the maximum amount
of compensation for your injuries. Due to the high instance of scarring
and severe pain generally incurred by the injured party, burn injury settlements
tend to be high in value.
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 burn injury 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 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 he or she truly feels the impact of the settlement.
These types of damages are notoriously difficult to predict. However, 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 such a debilitating burn accident you need a Los Angeles personal 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.
If you have sustained a burn due to the careless or negligent behavior
of a company or individual, contact BD&J, PC at (855) 906-3699 to
speak with a Los Angeles burn injury lawyer. Based in Beverly Hills, we
serve clients throughout California.