The U.S. Consumer Product Safety Commission estimates that 13,000 individuals are hurt annually in fireworks accidents, often due to the negligence of others. It’s essential for victims to keep in mind that there may be grounds for a personal injury claim in such situations.
If you or a loved one were harmed in an accident caused by the carelessness of another party or faulty fireworks, you might have the potential for a case. Our Kansas City-based fireworks accident lawyers share their expertise for establishing the cost of injury damages.
Calculating the Value of Your Fireworks Injury Claim
Various forms of damages are included in fireworks personal injury claims. Consequently, if you were hurt by the careless use of pyrotechnics or by faulty fireworks, you may be entitled to the following.
Personal injury damages would include the expenses of emergency care, surgeries, doctor visits, and any other medical treatment resulting from a fireworks accident. Before calculating them, you should typically wait until you have obtained maximum medical improvement.
Lost wages or earning potential
If your injury prevents you from working, you’re entitled to compensation for lost earnings. In addition, if your accident leaves you permanently incapacitated and unable to return to your previous employment, your claim damages might also include lost future wages.
Distress or pain and suffering
While the aforementioned losses are calculable, pain and suffering damages are more ambiguous. In most cases, your economic damages (medical costs, missed earnings, etc.) are multiplied by a figure depending on the intensity of your pain and suffering. However, a per diem technique may also be utilized.
Punitive Damages For Firework Injuries
In rare fireworks liability cases, punitive damages may be awarded if the evidence proves the defendant acted in an egregious or malicious way, such as lighting off pyrotechnics in a dangerous manner or knowingly harming others. Punitive damages may amount to rather substantial sums, although they don’t apply to the vast majority of personal injury claims.
And while there are a lot of techniques to evaluate the technical value of your case, some variables may restrict the amount you may receive for your injuries, such as the defendant’s incapacity to pay.
Why You Need Proper Legal Guidance
If the defendant doesn’t have sufficient insurance to cover damages, you’re less likely to collect as much from them. In situations involving product liability or if the defendant is an insured professional, this is likely to be less of a concern.
What’s more, if you can’t establish the defendant’s carelessness or negligence in causing your injuries, it will be difficult, if not impossible, to pursue any damages. The defendant will likely be able to negotiate a cheaper settlement if your case seems weak.
This may be particularly challenging in circumstances when your injury was caused by malfunctioning or otherwise defective fireworks, since determining what party is responsible—and hence who behaved negligently—is significantly more challenging.
Nevertheless, if you’re not sure how to move forward with your claim, or if you have the potential to file suit after a firework accident, you should reach out to a Missouri personal injury lawyer right away.