Calculating Settlement Awards for Burn Injuries
Like all injuries, burn injuries can range in severity from slight and temporary to severe and permanent. Though most burn injuries result in scarring, the more serious wounds cause permanent disfigurement, loss of function and mobility, and nerve damage. Some burns, depending on the location and how long after the incident they were treated, can be subject to infections and secondary conditions, such as hypothermia, sepsis, tetanus, and hypovolemia, each of which may require extensive medical treatment to prevent shock and even death.
Burn victims may not be aware that they can receive substantial compensation for their injuries, but if the facts are right, they can. If you or a loved one was badly injured in an accident that resulted in burns and that kept you from working and/or permanently scarred or disfigured you in any way, our Riverside burn injury lawyers at Heiting & Irwin, Attorneys At Law, want to help. With the right lawyer on your side, you may be able to receive compensation for past and future medical expenses, physical pain, lost wages, loss of earning capacity, and much more. Our experience in handling burn injury cases will help to optimize your (physical and financial) recovery.
How Personal Injury Damages are Calculated
In any personal injury evaluation, several factors are taken into consideration in making up a final judgment, including the circumstances leading up to the accident, the economic damages, and the non-economic damages (pain and suffering, loss of enjoyment of life, etc.). In any personal injury case, weight will be given to the following:
- Medical Expenses: Emergency rooms costs, hospital bills, prescription costs, incidental expenses, medical device costs, and the costs of any ongoing medical attention can all be important.
- Lost Income and Loss of Earning Capacity: Income that would have been earned but for the accident (over your entire lifetime) is part of the damages to be calculated.
- Pain and Suffering: Pain and suffering is difficult to calculate, but because personal injury victims—especially burn victims—suffer tremendous mental and physical anguish after the accident. An experienced attorney who has dealt with burn injury victim cases can probe into and understand how and in what way the injuries have negatively impacted one’s life.
- Punitive Damages: In California, punitive damages may also be awarded if the judge has reason to believe that the defendant’s actions stemmed from malice, oppression, or fraud (California Civil Jury Instructions, 3947). Punitive damages are awarded as a way of punishing the defendant.
Our Riverside Burn Injury Lawyers can Help You Secure the Compensation You Deserve
Personal injury cases are almost always complex, and in order to win any amount of compensation, a burn victim needs to be able to prove four things, including:
- That the defendant was negligent;
- That the defendant owed the victim a duty of care;
- That the defendant’s negligence resulted in injuries; and
- The amount of damages caused (economic and non-economic)
While that may not seem like a lot, gathering the evidence to prove each point can be an overwhelming chore for a person who suffers from a serious burn injury—especially when that person is not familiar with the law and does not know what is construed as concrete evidence and what is seen as circumstantial. An experienced Riverside burn injury lawyer is familiar with the California courts and judges and knows just what evidence each looks for. While you focus on healing, our attorneys will focus on building an impenetrable case.
If you or a loved one sustained serious burn injuries that resulted in scars, disfigurement, loss of mobility, or other damages, call the burn injury lawyers at Heiting & Irwin, APLC, to schedule a free consultation today. We serve San Bernardino County, Riverside County and all of Southern California.