Elk Grove Burn Injury Lawyer

What an Experienced Burn Injury Attorney Serving Elk Grove Will Do to Help You Recover Compensation

When the negligent or deliberate actions of another party result in a burn injury, the best way to ensure you recover the compensation you deserve is by hiring an experienced burn injury attorney. Your lawyer will take full control of your legal case, leaving you free to tend to your physical and emotional well-being.

One of the first things your attorney will likely do will be to begin an independent investigation into your accident. The aim will be to uncover evidence to support your claim and prove the fault of another party. After your attorney has concluded their inquiry, they will review your damages, determine the value of your claim, and file an insurance claim or personal injury lawsuit.

Whichever path you should choose, your attorney will complete all the required steps in the process to ensure you recover fair compensation for your losses. All the while, your lawyer will be in continued contact with the opposition, attempting to reach a settlement agreement. If terms for a settlement can not be reached, your attorney will represent you at trial.

Pure Comparative Negligence in California

When assessing fault in a burn injury case, California employs a pure comparative negligence rule. This rule states that anyone injured in an accident can pursue damages as long as they were not 100% at fault for the accident. However, it places limits on the amount that can be recovered, proportional to the level of liability you hold.

For example, if you were 20% responsible for the accident that resulted in your burn injury, you will only be able to pursue 80% of the full value of your losses. That means that if your losses are valued at $100,000, the maximum you would be eligible to receive would be $80,000.

Recoverable Damages Following a Burn Injury in Elk Grove

After sustaining a burn injury due to the negligence or intentional actions of another party, there are several types of damages you will likely be eligible to receive. It is critical that you identify all the damages that apply to your case in order to recover the full amount to which you are entitled.

The damages you are eligible to receive will depend on the details of your case and the losses you sustained. All compensatory damages belong to one of two categories.

Economic Damages

All losses sustained in a burn injury accident that have a direct impact on your financial standing belong in the category of economic damages. The economic damages most frequently collected in burn injury cases include:

• Medical costs
• Future medical expenses
• Lost wages
• Diminished ability to earn
• Property damage
• Necessary modifications to your vehicle or home to accommodate a disability

Non-Economic Damages

All other losses caused by your burn injury accident are part of the broad category of non-economic damages. The non-economic damages most frequently collected in burn injury cases include:

• Permanent disability
• Scars and disfigurement
• Mental anguish
• Pain and suffering
• Emotional distress
• Loss of companionship
• Lessened ability to enjoy life

Punitive Damages

Beyond compensatory damages, your case may also qualify for punitive damages. Punitive damages are much different from the economic and non-economic damages listed above. Rather than compensate an accident victim for their losses, punitive damages are meant to serve as a form of punishment for the at-fault party.

Only a small portion of burn injury cases are eligible for punitive damages. A judge will only award these damages if the liable party acted in a manner deemed criminally negligent or with the intention of causing harm. An experienced attorney from our team can evaluate your case to determine whether or not these damages apply.