Approximately 13,000 individuals are hurt annually by fireworks, per the U.S. Consumer Product Safety Commission. The majority of these fireworks are lawful, but accidents may happen from the carelessness of others. It’s essential for victims to keep in mind that there may be grounds for a personal injury claim in such situations.
Various forms of damages are included in personal injury claims stemming from pyrotechnics. Consequently, if you have been hurt by the careless use of pyrotechnics or by faulty fireworks, you may be entitled to the following:
- Medical expenditures: 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 (MMI).
- Lost wages or earning potential: If your injury prevents you from working, you are entitled to compensation for lost earnings. In addition, if your accident leaves you permanently incapacitated and unable to return to your previous employment, you should be entitled to claim damages for lost future wages.
- Distress/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
Rarely, punitive damages may be awarded if the defendant acts in a very egregious or malicious way, such as lighting off pyrotechnics in a dangerous manner or knowingly harming others. These may amount to rather substantial sums, although they do not 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 capacity to pay.
If the defendant (the person who caused your harm) does not have sufficient insurance to cover damages, you will likely be unable 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 cannot 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 defective pyrotechnics, since determining who is responsible—and hence who behaved negligently—is significantly more challenging. However, 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.
Attorney For Personal Injury in Kansas City
With the coming of summer, coupled with increasing temperatures and outdoor celebrations, the possibility of catastrophic fireworks accidents grows.
Peterson & Associates, P.C. has represented persons injured in similar accidents in Kansas City, Missouri, and the surrounding regions for many years. If you or a loved one were harmed in an accident caused by the carelessness of another party or faulty fireworks, we may be able to assist you in seeking compensation.
Contact our Kansas City fireworks injury lawyers immediately for a free, no-obligation consultation. When you are ready, please contact us at 816-888-8888 so that we can assist you in protecting your rights immediately.