Elements of a Colorado Burn Injury Lawsuit
When burn victims in Aurora Colorado suffer catastrophic burn injuries because of someone else’s negligence, they are entitled to pursue a personal injury claim to recover compensation for both their physical and emotional damages resulting from the accident. These devastating injuries can change the course of victims’ lives, so knowing how to recover compensation successfully is vital to maintaining stability in the wake of a burn injury.
Aurora burn injury attorneys can help you build a compelling case against the negligent party that caused your injury in order to fight for the compensation you deserve and will need. With over $1 billion recovered for our past clients, our Colorado lawyers at Carabin Shaw know what it takes to win burn injury cases.
To help you better understand how to pursue a successful personal injury claim, this post will discuss some of the most important elements of a Colorado burn injury lawsuit.
Determining Fault After a Burn Injury CaseTo have a successful personal injury claim, you and your lawyer must correctly determine who was at fault for the accident because filing your lawsuit against the wrong party can lead to an unsuccessful outcome. If you are not entirely sure who caused your injury, discuss the details of your case with an Aurora personal injury attorney to determine if someone else’s negligence caused your injury.
Proving Negligence in a Burn Injury LawsuitThe most important element of any personal injury claim is proving negligence because recovering compensation in a personal injury claim is contingent upon negligence being the cause of your injuries. Listed below are the four elements you and Aurora burn injury attorneys must prove in order to prove negligence:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- Their breach of duty of care caused your injury
- The injury directly led to the damages that you wish to recover
A duty of care is the common level of prudence members of society are expected to act with to reasonably avoid harming others. So, in order to prove negligence, you must essentially prove that someone’s actions or inactions went beyond what a reasonable person would do under the same circumstances.
If you have more questions about proving negligence, call an Aurora personal injury attorney.
Negotiating with Insurers in Aurora ColoradoMost personal injury claims settle before going to trial, and insurers are often the ones who pay the settlements. Because of this, it is vital to negotiate properly with insurance companies in order to get the settlement you deserve.
Insurance companies are for-profit businesses. The amount they pay to you directly affects their bottom lines, so they will often offer you a settlement much lower than the true value of your case. Be prepared, and know the value of your case by letting an expert handle the negotiations.
Recovering Compensation After Suffering a Burn InjuryThe reason victims in Aurora Colorado pursue personal injury claims is to recover compensation for the damages they’ve suffered as a result of the accident. Victims are able to recover both economic and non-economic damages for their injuries, which are explained below:
Economic DamagesEconomic damages compensate accident victims for monetary expenses like lost wages, lost earning potential, property damage, and medical bills.
Non-Economic DamagesNon-economic damages compensate accident victims for their emotional and physical complications like pain and suffering, mental anguish, and post-traumatic stress disorder.
Punitive DamagesPunitive damages are rarely awarded and are designed to punish grossly negligent or malicious defendants.
Call Carabin Shaw if you have further questions on the types of compensation available to you after an accident.
The Attorneys That Go the Extra Mile | Free, No-Obligation ConsultationsWhen you suffer because of someone else’s negligence, they should be held accountable. Our top-rated team of Colorado lawyers at Carabin Shaw has been fighting for Colorado burn victims for nearly thirty years and can help you fight for the compensation you deserve. Because of our client-first mentality, we have been named a top ten personal injury firm in the nation for client satisfaction.
To schedule your free case review, call us toll-free at 800-862-1260.