When someone else’s negligence causes you to suffer a burn injury, you are eligible to receive compensation. Unfortunately, many victims receive less compensation than they deserve because they believe one of the following myths about burn injury settlements.
Myth 1: Burn Injury Cases Are Easy to Settle
A burn injury attorney can easily negotiate a settlement when all of the facts are simple to prove. Unfortunately, this isn’t how it works in burn injury cases because one fact is almost always undetermined before the statute of limitations runs out.
Typically, the victim has not fully recovered from the injury, which means it is impossible to determine the precise cost of medical treatments.
Without this information, the insurance company will dispute any estimated costs. This usually means that, at a minimum, your personal injury lawyer will need to file a lawsuit to force the insurance company to settle.
Myth 2: You Can’t Pursue Compensation if You Were Partially at Fault
Ohio uses a concept called contributory negligence to award damages in a personal injury lawsuit. This means that if you are partially to blame for your injury, the percentage you are at fault is deducted from the award a jury grants you. But you can still get compensation as long as you are less than 50% responsible for the injury you suffered.
Myth 3: Insurance Companies Will Offer Fair Settlements Even if You Don’t Have Legal Representation
Insurance companies are corporations that exist to make money. The more money they pay in settlements, the less money those companies earn at the end of the fiscal year. This means that insurance companies have an incentive to pay as little money as possible in settlements.
Typically, an insurance company will use every option available to pay you as little money as possible. If you are represented by an attorney, though, the company is more likely to play fair because it knows you are willing to file a lawsuit.
The Reality of Burn Injuries
Burn injuries are some of the most catastrophic injuries a person can suffer. They usually require years of medical treatment and therapy, and many victims of burn injuries never fully recover. This means a fair settlement is usually hundreds of thousands of dollars if not millions.
Factors That Influence Burn Injury Settlement Amounts
How can a burn injury settlement possibly reach millions of dollars? The biggest factor that influences the settlement amount is the extent of the injuries.
Serious burn injuries often require multiple surgeries and a lifetime of care to recover from. They can also result in scarring that limits the victim’s ability to socialize or start romantic relationships. All of these factors need to be calculated in a settlement.
Another significant factor is lost work time. If you miss months or even years of work because of a burn injury, you deserve compensation for that lost time. You might also get compensation for lost opportunities at work due to your injuries.
The Importance of Legal Advocacy in Maximizing Burn Injury Settlements
There is one other factor that has a significant outcome on settlement amounts. Claimants who are represented by an experienced lawyer almost always get more compensation than those who aren’t, even after the fee of the attorney is accounted for.
Personal injury attorneys have the experience to negotiate a fair settlement. They can accurately estimate the value of a burn injury claim based on the types of injury their client suffered and what type of job they have. That is valuable information in a burn injury claim.
The insurance company will typically undervalue the claim but usually not by enough that it looks suspicious. If you don’t have the type of experience that a good lawyer has, a settlement offer might appear to be fair.
Your lawyer will prevent you from falling prey to that trickery and fight for a fair settlement. If the worst-case scenario happens, and the insurance company won’t deal fairly, the attorney will then handle the legal process.
FAQ
How Much Will a Burn Injury Attorney Cost Me?
Burn injury lawyers take their cases on contingency. This means two things. First, you pay a fee only if they successfully obtain money for you. Second, the fee is a percentage of the money your lawyer obtains for you.
If I File a Lawsuit, Does That Prevent Me From Getting a Settlement?
No. Your attorney can negotiate a fair settlement at any point until the judge announces the decision of the jury. Many settlements are negotiated after all evidence has been presented and the jury is determining what, if anything, to award the litigant.
Will I Get More Money From a Jury Award or a Settlement?
That is impossible to say. The award from a jury is likely to be higher than you get in a settlement, but it could also be nothing. A settlement is usually a value higher than what the insurance company wants to pay you but less than the potential maximum a jury can award.
The value of a settlement to the victim is that they know how much they are getting and usually get the money more quickly.
Contact a Burn Injury Lawyer to Dispel the Myths
Insurance companies take advantage of the myths surrounding burn injury settlements to pay claimants less money. An experienced burn injury attorney at The Moore Law Firm will dispel these myths and help guide you down a path to fair compensation. Contact our law firm today to schedule a free consultation.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.