Oklahoma City Burn Injury Lawyer
The period after receiving a burn injury can be confusing and difficult, but there is help available. An Oklahoma City burn injury lawyer will have the experience and knowledge necessary to meet your legal needs help protect your interests.
If you suffered an injury in an accident that caused burns, contacting a compassionate catastrophic injury attorney can help you bolster your claim, consider all legal damages you may be eligible for, and successfully navigate the often-complex legal system.
Types of Damages in Burn Cases in Oklahoma City
Burn injury claims may result in the recovery of two types of damages, economic and non-economic. Examples of economic damages include expenses such as hospital bills, ongoing medical care, and lost wages. These items have a specific price tag that is automatically attached to them.
Non-economic damages, however, can be more difficult to define and typically are more subjective. Examples of this type of damage include the loss of consortium with a spouse, loss of enjoyment of life, pain and suffering, and similar issues. The physical scarring from the burn is considered a non-economic damage.
Someone who suffered a burn injury may be able to recover compensation for the full amount of their economic damages, but there is a cap on non-economic damages at $350,000. In other words, a person who suffered a burn injury may not be able to receive more than that amount for their non-economic damages unless their case is an exception to the law. Exceptions may include cases in which the at-fault party exhibited incredible recklessness, engaged in fraud, or was willfully and intentionally malicious toward the injured person.
How Modified Comparative Negligence Affects a Claim
In Oklahoma, damages may be awarded by the courts using a modified comparative negligence standard. This means that a person may only be able to receive compensation for damages and injuries for which they were less than 50 percent responsible. If the person seeking compensation was at least half at-fault for their burn injury, the claim could be dropped and they may be barred from recovering any compensation.
However, this also means that if they were partially at-fault, they still may be able to recover compensation for their losses from another responsible party. Generally, an injured party who is partially at-fault can recover an amount of compensation proportional to their degree of fault.
This is one reason that it may be important for anyone who suffered a burn injury to find a well-versed Oklahoma City burn injury lawyer who can help present a solid argument to help the person seek the best possible outcome based on their circumstances.
Product Liability in Claims
If a burn injury is the result of a product malfunction, the seller or manufacturer of the product may be considered strictly liable in Oklahoma. Strict liability means that the injured person must only prove that a defect was present in the product that led to the injury and that the defect made the product more dangerous than a normal person would expect. If the injured person and their lawyer can show that to the court, the product manufacturer or seller may be held liable for the injury. While liability can be clear in these circumstances, the next hurdle is proving the amount of damages.
An Oklahoma City Burn Injury Attorney Can be an Ally
If you received a burn injury, contacting an Oklahoma City burn injury lawyer should be a top priority for you. A dedicated attorney could use their experience to fight for the compensation that can help you build your life after your injury.
Acting quickly to contact a lawyer is best, since an attorney who has longer to work on your case can help you get the maximum compensation available. Call today to speak with an attorney about your case.