According to the Consumer Product Safety Commission, fireworks cause injuries to over 13,000 people every year. Although most of these fireworks are permitted, mishaps may still occur due to other people’s negligence. It’s critical for victims to remember that such circumstances could give rise to a personal injury lawsuit due to a pyrotechnics accident.
Covered Damages in Fireworks Personal Injury Claims
The damages covered by fireworks-related personal injury lawsuits range widely. As a result, if you or a loved one was wounded by pyrotechnics that were defective, or someone else used pyrotechnics carelessly, you can be eligible for the following:
Medical costs
Personal injury damages for injuries often cover the cost of any emergency care, surgeries, doctor visits, and additional medical treatment required as a consequence of a fireworks accident. Typically, you should wait until you have reached your highest level of maximum medical improvement before calculating the total.
Lost wages
If your accident prohibits you from working, you’re entitled to compensation for lost income or earning potential. Additionally, you should be qualified to file a claim for lost future income if your injury renders you permanently disabled and unable to work at your former job.
While the losses listed above may be calculated, damages for distress and pain and suffering are less clear. In most circumstances, the total number or amount of your economic damages (medical expenses, lost wages, etc.) is multiplied by a number based on how much pain and suffering you have experienced. However, a per diem method may also be used.
Losses in Firework-Related Accidents
In more rare cases, punitive damages may be granted if the offender commits very egregious or malicious conduct, such as recklessly setting off fireworks or intentionally causing injury to others. Even though they don’t apply to the great majority of personal injury cases, they may add up to very significant amounts.
Although there are many ways to assess the technical merits of your case, other factors, such as the defendant’s financial stability, might limit the compensation you may seek for damages. You won’t be able to recover as much from the defendant if they don’t have enough insurance to pay your losses. This is probably less of an issue in cases involving product liability or if the defendant is an insured professional.
Furthermore, it will be difficult, if not impossible, to seek compensation for damages if the defendant cannot be shown to have been negligent or reckless in causing your injuries. If your case looks weak, the defendant may be able to negotiate a lower payment.
This may be especially difficult if your injury was brought on by malfunctioning fireworks, since it will be harder to determine who was at fault and therefore, who was negligent. However, you should get in touch with a Missouri personal injury attorney immediately if you’re unsure how to proceed with your claim or if you may need to file a lawsuit after a fireworks mishap.