If you have been involved in a fire caused my someone else, there are a number of different types of compensation to which you may be entitled.
Compensation for Burns Incurred at Work
If you were burned at work, you will likely be entitled to recover under state workers’ compensation statutes (or under similar federal statutes, if you are a federal employee). In most cases, your sole right of recovery against your employer will be under such statutes; however, you may separately bring a cause of action against others who may be liable for your injuries.
The discussion below assumes a recovery against a non-employer.
Compensation for Physical Injuries
Those injured by fires caused by someone else are entitled to seek recovery against those liable for all physical injuries sustained, including past injuries and for future pain and suffering (such as future pain and suffering from burn injuries). Physical injuries include:
- Pain and suffering
- The cost of medical treatment, including surgery, medication, rehabilitation, and therapy,
- The cost of medical devices, prosthetics, home renovation to provide for wheel chairs or other accommodations that are necessary due to decreased mobility,
- Any related costs that are necessary or reasonably incurred in connection with the treatment for the physical injuries sustained.
Pain and suffering is determined by a jury based upon the facts and circumstances of the injury. Burn injuries in particular can results in excruciating pain and suffering.
Compensation for Property Damage
Property damages in cases involving fire are compensated at the fair market value of the property at the time that it was destroyed or damaged. Those responsible for the loss or damage to homes, vehicles, equipment, home furnishings, and other property will be liable to the person suffering the property loss in an amount equal to the replacement cost for such property (which is determined by a jury at trial based upon the evidence presented). Additionally, those responsible will also be liable for related expenses, such as the cost to rent a home while a new home is being constructed. For more information about the damages recoverable in the event of a home fire, see “Who is Liable for my House Fire?“
Compensation for Lost Wages
If you are unable to work because of injuries suffered from a fire, those responsible must compensate you for all lost wages suffered because of your injuries. If your injuries are severe such that your future ability to work is diminished, you are entitled to recover the present value of the loss in future wages.
Recovering Full Compensation
The foregoing is only a summary of the types of compensation that may be recoverable in the event of a fire caused by someone else. For more information specific to your case, please call us for a free consultation so that we can learn about your matter. Then, once we learn about your case, we can identify the types of damages and compensation to which you may be entitled.