The way many people determine if they have grounds for a burn injury law suit is to have a consultation with an attorney that has experience with similar cases. Someone with a background in personal injury and negligence cases will know whether a successful case can be built. It is a lawyer’s goal to prove that the careless inaction or actions of another are the cause of the burn injury. A law suit of this type is usually work related, but a defective product can also be the cause.
Although a fire or an explosion are the first things that typically come to mind, a burn can be caused by a number of things, not just the heat of a flame. Chemicals, radiation, friction, and electricity are other causes of an injury of this type. The severity can range from a superficial wound, known as first degree, to the surface of skin to even deeper damage. If some underlying skin layers are impacted it is known as second degree, and if every layer of skin is harmed it is classified as third degree. When the damage goes even deeper, wounding muscle tissues or bone, it is called fourth degree.
Depending on the extent of the trauma, specialized and prolonged treatment may be necessary. Some may require skin grafts or surgical closure, and even then, disfigurement may be a very possible outcome. Often, medications to manage pain are a crucial part of the remedy. These treatments can be extensive, as well as expensive, and may leave the victim unable to work in the meantime. The effects can last long after the burn itself has healed. Sometimes the resulting scar tissue can impede range of motion. Pain, suffering, lost wages, and the inability to work do not have to be taken in stride. With the right attorney on the victim’s side, the responsible party may be held liable. Some of the lasting effects can be disfiguring and devastating enough to warrant a burn injury law suit.
There are a few elements that have to present in order to prove negligence. It must be established that the plaintiff was owed duty of care by the defendant, and that the defendant failed to provide this. It must also be proven that this breach on the defendant’s part was the direct and actual cause of harm to the plaintiff. The liable party could be any number of people, including but not limited to a manufacturer, employer, trainer, supervisor, safety inspector or product distributor. The resolution of each burn injury law suit should be fair and proportional to the damage caused, so each legal remedy is unique to the situation.
Many in this situation have contacted an attorney as soon as possible after the incident. Due to the restrictions of statutes of limitations, if the suit is not filed in the proper time frame it may not be eligible for litigation. Were there witnesses? If so, the attorney will need to know who they are and how to contact them.
Speaking with a lawyer for guidance and possible representation may be the best way to go about getting the responsible party to pay for damages. A successful burn injury law suit can provide more than compensation for the wound, it can also cover court fees, or result in a court order that requires the defendant to change their practices or enforce safety and production standards.