What are the risks of going to court for a burn injury claim?
The risks of going to court for a burn injury claim in California can be significant, especially when compared to settling the case through negotiations with the defendant or insurer. If a plaintiff takes their case to court, they could have to expend a large amount of time, money, and resources on navigating the legal system and bringing their case to trial. During a trial, the plaintiff would have to present their case to a judge or jury, as well as provide evidence to support their claim. Expert testimony, witnesses, and document or medical evidence may be necessary for the claim to be valid. If the plaintiff does not provide enough evidence, or does not build a strong case, they risk losing the case entirely. The defendant in the case may also bring up any valid defenses they have to the claim, such as evidence that the plaintiff was partially responsible for their own injury. Further, if the plaintiff loses their case they may be held liable for court costs and other fees associated with the trial, which can be significant. Finally, the emotional toll of having to relive a traumatic event such as a burn injury could be difficult for the plaintiff. Their personal experience of the injury, along with the details of the incident, would be presented to a judge and jury, and objectivity and impartiality can be difficult to maintain in this situation.
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