Unfortunately, there are a large number of scenarios in which individuals may suffer burns and burn injuries. After you’ve suffered burn injuries in an accident that was caused by another, you will likely have a number of questions flying around in your head–one of the most pressing questions is probably, “How do I recover compensation?”
We will get into the process in more detail below, but every claimant should start their journey toward reimbursement by retaining a trusted fire and burn injury attorney, such as those from Van Law Firm. We’ve been helping burn injury victims get the compensation they deserve for nearly ten years, and we’re just getting started. Call our office nearest you today for more information.
Am I Eligible for a Burn Injury Claim?
Cases and circumstances will vary, but for the most part, you are eligible to file a claim for burn injuries if you suffered damages. In other words, if your injuries have caused you to incur expenses, you can file a claim.
If your burn injuries were minor to the point where you treated yourself or healed naturally, you cannot recover damages because you didn’t lose any money; this is true even if another party was at fault. However, if there was medical treatment, time away from work, property damages, and other expenses involved, a claim may be necessary.
Establishing a Burn Injury Claim
Regardless of the parameters, all burn injury claimants will need to first establish all four elements of negligence, those being:
- The defendant (be it a person or entity) owed a “duty of care” to you (plaintiff)
- That duty was breached in some way
- This breach subsequently caused your injuries
- Your injuries caused you to suffer damages
Legally, a “duty of care” is an individual’s obligation to behave responsibly and avoid causing harm to those around them, and this includes both action and inaction. This obligation can exist between two strangers, and it can change depending on the situation. For example, when we are driving on the freeway, we all have a duty of care with each other to drive safely and avoid reckless behavior that might endanger others. However, a taxi or bus driver will have a higher duty of care than others because it is their responsibility to transport passengers safely. The facts of an accident will usually help courts determine whether or not the defendant owed the plaintiff a duty of care, and whether or not they should be held liable for injuries.
Additional Forms of Compensation for Burn Injuries
All injuries are bad, but burn injuries can be especially serious, even fatal in some cases. In addition to the standard forms of compensatory damages, such as medical expenses, lost wages, and property damages, burn injury claimants may also be eligible to recover other forms of compensation, including punitive and non-economic damages.
Punitive damages are heavy fines that are awarded in cases that involve especially negligent or brutal behavior. Severe burn injuries can be seen as cruel, which increases the plaintiff’s possibility of receiving these damages. Keep in mind, however, that courts tend to only award punitive damages in cases where they believe the defendant will be able to pay them.
Similarly, non-economic damages are designed to compensate victims for the emotional and psychological trauma caused by their accidents. Severe burn injuries can cause a lot of stress and sadness, not to mention the likelihood of substantial scarring. Therefore, a large percentage of burn injury victims are able to recover compensation for things like pain and suffering, loss of enjoyment, and disfigurement.
Call the Fire and Burn Injury Attorneys From VLF
If you need help recovering compensation for fire and burn injuries that you suffered at the hands of another, it’s in your best interest to find quality representation as quickly as possible. Luckily, Van Law Firm is standing by when you need help–our fire and burn injury attorneys can hold liable parties accountable and recover the compensation you deserve. Call our office nearest you today for a free consultation and case review.