Maximize Your Electrical Injury Settlement: What Damages Can You Claim?

Maximize Your Electrical Injury Settlement: What Damages Can You Claim?

Electrical injuries can be devastating, leading to significant physical, emotional, and financial burdens. If you or a loved one has suffered an electrical injury due to someone else’s negligence, you may be entitled to compensation. Understanding the types of damages you can claim is crucial to maximizing your settlement and securing your future.

The High Stakes of Electrical Injuries

Electrical injuries are a complex form of trauma often associated with high morbidity and mortality. Almost all electrical injuries are accidental and often preventable. Each year in the United States, accidental exposure to high voltage results in nearly 400 deaths and > 30,000 nonfatal shock incidents, and electrical burns account for about 5% of admissions to burn units. Settlements for electrical injuries can range from $250,000 to $2,000,000 or more.

Understanding Electrical Injuries

An electrical injury is damage caused by generated electrical current passing through the body. The severity of an electrical injury depends on several factors:

  • Type of Current: Alternating current (AC) is generally more dangerous than direct current (DC) because it can cause prolonged muscle contraction (tetany), making it difficult to release the source.
  • Voltage and Amperage: Higher voltage and amperage increase the severity of the injury.
  • Duration of Exposure: The longer the exposure, the greater the damage.
  • Pathway of Current: The path the electricity takes through the body determines which tissues and organs are affected. Electricity takes advantage of all available paths. The primary flow of electrical current flows in the path of least resistance, but lesser flows of electrical current will occur in other available paths. Current through the heart may result in tissue damage, fibrillation, or cardiac arrest.
  • Body Resistance: Resistance for punctured skin or moist mucous membranes may be as low as 200 to 300 ohms/cm2. If skin resistance is high, more electrical energy may be dissipated at the skin, resulting in large skin burns but less internal damage. If skin resistance is low, skin burns are less extensive or absent, and more electrical energy is transmitted to internal structures.

It’s important to note that the severity of external burns doesn’t always indicate the extent of internal injuries.

Types of Damages You Can Claim

In an electrical injury case, you can pursue compensation for various types of damages, which are generally categorized as economic and non-economic.

1. Economic Damages

These damages are intended to cover your financial losses resulting from the injury.

  • Medical Expenses: This includes all past and future medical costs associated with the injury, such as:
    • Hospital bills
    • Surgeries
    • Medications
    • Rehabilitation and physical therapy
    • Ongoing medical care
    • Medical equipment
  • Lost Wages: You can claim compensation for income lost due to time away from work during recovery or due to permanent disability. This includes:
    • Past lost earnings
    • Future lost earning capacity
    • Lost career or educational opportunities
  • Other Expenses: Other out-of-pocket expenses related to the injury can also be claimed, such as:
    • Travel expenses for medical appointments
    • Cost of prescriptions
    • Adaptations to your home or vehicle to accommodate your injuries
    • Additional care and assistance, such as childcare

2. Non-Economic Damages

These damages compensate you for the intangible losses you’ve suffered due to the injury.

  • Pain and Suffering: This covers the physical pain and emotional distress caused by the injury.
  • Emotional Distress: Compensation for mental anguish, anxiety, depression, and other psychological effects of the injury.
  • Loss of Enjoyment of Life: If the injury has diminished your ability to participate in activities you once enjoyed, you can claim damages for this loss.
  • Disfigurement: Compensation for scarring, disfigurement, or other physical changes resulting from the injury.
  • Permanent Disability: If the injury has resulted in a permanent disability, you can claim damages for the long-term impact on your life.
  • Loss of Consortium: In some cases, a spouse can claim damages for the loss of companionship, affection, and sexual relations due to their partner’s injury.

Factors Affecting Settlement Value

The amount of compensation you can recover in an electrical injury case depends on several factors:

  • Severity of Injuries: More severe injuries, such as those resulting in permanent disability or disfigurement, will typically result in higher settlements.
  • Medical Expenses: The cost of medical treatment is a significant factor in determining the settlement value.
  • Lost Wages: The amount of income lost due to the injury will also impact the settlement amount.
  • Pain and Suffering: The level of pain and emotional distress you’ve experienced will be considered.
  • Negligence: The degree of negligence on the part of the responsible party will influence the settlement.
  • Jurisdiction: The laws and legal precedents in your state or jurisdiction can affect the outcome of your case.
  • Insurance Coverage: The amount of insurance coverage available can limit the potential settlement.

Building a Strong Case

To maximize your electrical injury settlement, it’s essential to build a strong case. This involves:

  • Seeking Medical Attention: Get prompt medical treatment and follow your doctor’s recommendations.
  • Documenting the Incident: Record all details of the accident, including the location, circumstances, and equipment involved.
  • Gathering Evidence: Preserve any physical evidence, such as damaged equipment or clothing.
  • Witness Information: Collect contact information from any witnesses to the accident.
  • Expert Witnesses: An electrical injuries expert specializes in the analysis of incidents involving electrical shock, electrocution, and related injuries. These professionals evaluate electrical systems, safety compliance, and medical evidence to provide actionable insights and reliable testimony in legal disputes.
  • Consulting an Attorney: An experienced electrical injury lawyer can help you navigate the legal process and protect your rights.

The Role of an Attorney

An experienced electrical injury attorney can play a crucial role in maximizing your settlement. They can:

  • Investigate the accident: Determine the cause of the accident and identify all responsible parties.
  • Gather evidence: Collect and preserve evidence to support your claim.
  • Negotiate with insurance companies: Handle all communications with insurance companies and negotiate a fair settlement.
  • File a lawsuit: If a settlement cannot be reached, file a lawsuit and represent you in court.
  • Present your case at trial: If necessary, present your case to a judge or jury and advocate for your rights.

Long-Term Effects of Electrical Injuries

Electrical injuries can have long-lasting consequences, including:

  • Neurological Problems: Neuropathy, seizures, memory difficulties, and changes in behavior.
  • Psychological Issues: Depression, anxiety, post-traumatic stress disorder (PTSD), and irritability.
  • Ocular Issues: Cataracts and vision problems.
  • Chronic Pain: Persistent pain, headaches, and muscle spasms.
  • Cardiac Issues: Cardiac arrhythmias (heart rhythm problems), damage to connecting tissue, sinus node complications, cardiac events, blood clots, negative impact on veins and arteries.
  • Physical Limitations: Reduced range of motion, stiffness in joints, and muscle weakness.

What if the injury occurred at work?

Construction workers and others who suffer electrical injuries while working can often file a workers’ compensation claim for damages suffered due to the injury. Workers’ compensation provides medical care and lost income payments for individuals who are injured on the job. Employees injured on the job generally do not have to show the employer was at fault to get workers’ comp. However, other damages that are available in a personal injury electrocution lawsuit may not be available in a workers’ comp claim, such as noneconomic damages like pain and suffering. If the electrocution injury occurred as a result of a third party’s liability, then the injured party may be able to bring a personal injury action as well.

Conclusion

Electrical injuries can have a devastating impact on your life. Understanding the types of damages you can claim and building a strong case are essential to maximizing your settlement and securing your future. If you or a loved one has suffered an electrical injury, contact an experienced attorney today to discuss your legal options.