The civil justice system in the United States focuses on providing monetary compensation for people who have suffered a loss due to the fault of others. It is a fault-based system, meaning that victims suffering even the most severe injuries are denied monetary recovery unless they succeed in proving somebody else was at fault for their loss. This is the reason it is vital that a burn victim hire the most experienced and talented attorney to represent their interests. Our injury lawyers at Walkup, Melodia, Kelly & Schoenberger understand how to investigate the typical legal theories pursued on behalf of burn injury victims are negligence, products liability, premises liability and/or statutory violations which amount to negligence per se.
Trusted and Experienced Legal Representation For Burn Victims
Our San Francisco, California, burn injury attorneys recognize that no amount of money can reverse the devastating emotional effects of a serious burn injury. However, adequate financial compensation is the right of everyone who suffers a burn injury because of someone else’s fault, and we are committed to fighting for you to recover every dollar you are entitled to receive under the law. Damages are defined as the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. The law breaks down the recoverable damages into two distinct areas: noneconomic damages and economic damages. Noneconomic damages are sometimes also referred to as general damages, and economic damages are sometimes referred to as special damages.
Losses And Damages In Burn Injury Cases
Economic damages are often referred to as “out of pocket” expenses. This is somewhat misleading because many types of economic damages are recoverable so long as some person or entity has made, or will need to make payments because of the injury suffered. Common types of economic damages are as follows:
- Past medical bills
- Future medical expenses
- Past wage loss
- Future wage loss
- Attendant care costs
- Vocational rehabilitation costs
Noneconomic damages cover all the damages that cannot be attributed to a bill or expense. Examples of areas of noneconomic damages typically claimed in burn cases are as follows:
- Severe emotional distress
- Pain and suffering
Loss of consortium: The law recognizes that the quality of life of the spouse of an injured person also suffers, and it allows recovery for this injury even though the spouse did not suffer physical injury himself or herself. A loss of consortium case is separate from the injured victim’s case.
Contact Us Today To Ensure Your Rights Are Protected
Contact our California burn victim attorneys to discuss your case. Call us now at (415) 981-7210.
Protecting the legal rights of burn victims and their families is important, and we hope that the information you find at this website is helpful to you. You should be aware that every jurisdiction has a time deadline to take formal action against the person or entity responsible for causing a burn injury. If a deadline is missed, the right to pursue any legal action may be barred, and you may lose your right to ever recover any monetary compensation for the injury. It is important to consult with a burn injury victim lawyer as soon as possible so that an investigation can begin to determine if you have a case before any deadline expires.