When someone suffers burn injuries due to another person’s negligence, he or she may be entitled to financial compensation. The amount of compensation, however, can be difficult to predict. And although this amount can’t be calculated with complete accuracy, it is usually possible to determine the approximate value of a burn injury case. In this article, we discuss how to estimate the value of a personal injury case.
Location and Cause of the Accident
Very few personal injury cases make it to trial. Rather, in most cases, the parties agree to settle. In a burn injury case, settlement negotiations proceed based on the amount the parties believe the plaintiff may be awarded at trial. Two factors that play a big part in determining a settlement amount in a burn injury case are the location of the accident and the circumstances that caused the accident. These factors are important because they can affect how much a jury may be willing to award at trial.
Types of Damages for Burn Injuries
When attempting to value a burn injury case, it’s important to consider the types of damages that may be available. The types of damages that may be available in a burn injury case are special compensatory damages, general compensatory damages, and punitive damages.
Special Compensatory Damages
Special compensatory damages compensate burn injury victims for the harm they have suffered. Types of special compensatory damages that may available in burn injury cases include:
- Loss of earnings
- Medical bills
- Loss of future earnings
- Cost of future medical care
General Compensatory Damages
Burn injuries can be extremely painful and often lead to permanent, severe disfigurement. Therefore, general compensatory damages often apply when attempting to value a burn injury case, as general compensatory damages compensate an injured person for non-monetary damages incurred as a result of an accident. Common general compensatory damages include:
- Physical disfigurement
- Physical pain and suffering
- Physical impairment
- Mental anguish
Finally, if a person’s burn injuries were caused by the intentional or reckless behavior of the defendant, then the burn victim may be entitled to punitive damages. Punitive damages are intended to punish a defendant whose purposeful or reckless behavior caused another person’s injury.
West Virginia Burn Injury Attorneys
Valuing a burn injury case can be difficult. Therefore, if you have suffered burn injuries in an accident in West Virginia, you should contact an experienced West Virginia personal injury attorney as soon as possible for guidance. At Hewitt & Salvatore, we will treat your burn injury case as our top priority as we vigorously pursue financial compensation on your behalf. When you come to us for help with your burn injury case, we will do everything in our power to see your claim through to a successful conclusion. Please contact us today to begin your road to recovery.