A burn injury can be a traumatic experience that can have lifelong repercussions. The medical expenses you will likely face after a burn injury alone can be challenging to overcome. When attempting to regain control of your life after a burn injury, recovering fair compensation from the liable party can be critical.
At McCoy & Hiestand, we are dedicated to ensuring our clients recover the compensation they need after suffering an injury. Our team of burn injury attorneys in Kentucky will help you every step of the way. Reach out to us today by phone or by completing the contact form on this website to schedule a free case review.
Who is Responsible for a Burn Injury?
The first thing you must do before you can claim compensation after a burn injury is determine who is at fault. Unfortunately, even in cases where liability seems clear, it can be a challenge to establish who is truly to blame.
The good news is that you do not have to attempt to establish liability on your own. An experienced Kentucky burn injury attorney can investigate your case and help you determine who is at fault for the damages you suffered.
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Make Sure to Submit All Paperwork on Time
When filing a lawsuit to recover compensation after a burn injury, you need to pay attention to the personal injury statute of limitations for the state in which your injury occurred. In Kentucky, accident victims are typically permitted only a single year to file a lawsuit against the liable party. Missing this deadline will likely result in the loss of your ability to pursue compensation.
However, you should also be aware of the fact that there are many exceptions that can alter the statute of limitations. Depending on the specific circumstances surrounding your accident, this could mean that you have far longer than the standard one year to file. At the same time, an exception could greatly reduce the amount of time you have to submit the necessary paperwork.
The best way to be sure of the exact deadline for your case is to hire an experienced burn injury attorney in Kentucky. Your lawyer will be able to identify if any exceptions apply to your case and ensure that all deadlines are met.
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Damages You Can Recover Following a Burn Injury
After suffering a severe burn injury, you will likely be able to pursue a wide array of damages. The specific damages you are eligible to claim will depend on the details of your injury. All the compensatory damages you can pursue are divided between economic and non-economic damages.
Any losses that cost you financially are considered economic damages. The most often claimed economic damages in burn injury cases are:
- Medical costs
- Future medical bills
- Lost income
- Decreased earning power
- Property damage
Any other losses caused by the accident that resulted in your injury are considered non-economic damages. The most often claimed non-economic damages in burn injury cases are:
- Pain and suffering
- Loss of consortium
- Permanent disability
- Emotional distress
- Lowered quality of life
- Scarring or other disfigurements
- Mental anguish
If your burn injury resulted from criminal negligence or an action intended to cause harm, you may also be able to collect punitive damages. Punitive damages are meant as a form of punishment for the liable party.
Be Careful When Dealing With the Insurance Company
When you are dealing with an insurance company after suffering a burn injury, it is essential that you use caution. While these companies are supposed to provide a safety net for accident victims, the truth is that they don’t care nearly as much about protecting people as they do about protecting their profit margins.
You need to understand that an insurance adjuster will use every trick in their playbook to attempt to deny or devalue your claim. You need to be sure not to accept any settlement offers until you have spoken with an attorney. If you agree to a lowball settlement deal, you will be unable to pursue further compensation when the full value of your claim becomes apparent.
Refusing to engage with the insurance company until you have hired a lawyer is the best way to protect yourself against the predatory practices these companies employ. When you hire an attorney, you will be preventing the insurance company from contacting you directly. Instead, they will have to deal with a legal professional with experience to match their own.
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Most Burn Injury Cases End With a Settlement
If you file a lawsuit for damages associated with a burn injury, you should know that your case will probably end with a settlement agreement. The reason that most burn injury cases settle out of court is that it tends to be in the best interest of all parties involved to do so.
Reaching a settlement agreement means a far quicker resolution to your case than going to court. In addition to saving time and money, settling out of court also means avoiding the unpredictability of a courtroom trial.
However, the fact that your case will likely end with an out-of-court settlement does not mean that you don’t have to worry about preparing for trial. There is always the possibility that the other party will be unwilling to agree to a fair settlement deal, which would necessitate a trial in order for you to recover the compensation you deserve.
Reach Out to a Kentucky Burn Injury Attorney Today
To ensure you have the best chances of recovering the money you need after an injury, you must hire an experienced burn injury lawyer in Kentucky. At the law firm of McCoy & Hiestand, we have a long track record of helping injury victims recover the compensation they require.
Give us a call or complete the contact form on this site to schedule your free case evaluation today.
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