Burn Injury Lawsuit

When patients are severely burned as a result of another individual’s negligence or malice, they may be entitled to compensation through a burn injury lawsuit. Victims may be entitled to financial compensation for medical bills, lost wages, disfigurement, pain and suffering, and other harm caused by the negligent party. A burn injury lawsuit should be filed as soon as possible, as each state has varying laws outlining the victim’s time limit for filing a burn injury lawsuit. An experienced burn injury attorney can help to file a burn injury lawsuit and navigate the legal process.

Burn Injury Lawsuit Elements

In a burn injury lawsuit, the plaintiff, or the burn victim filing the lawsuit, holds the burden of proof. This means that the plaintiff must provide enough evidence to sufficiently prove that the defendant, or the party being sued, was responsible for the plaintiff’s injuries. For this reason, it is important for the plaintiff to approach the burn injury lawsuit with a solid, factual case with as much evidence as possible.

A burn injury lawsuit must prove the following elements:

  1. The defendant owed a certain duty to the plaintiff. In a burn injury lawsuit occurring at work, this duty would be that the plaintiff was a verifiable employee of the defendant. As an employer, the defendant has a duty to keep a reasonably safe work environment.
  2. The duty was breached. This can be seen if the employer acted negligently by failing to identify or correct an unsafe working condition.
  3. The defendant’s breach of duty caused the plaintiff’s injury. The burn injury lawsuit is not valid if the injury was caused by an unrelated source, such as the plaintiff spilling scalding coffee on himself or herself.

Burn Injury Lawsuit Examples

The following are examples of viable burn injury lawsuits:

  • The failure of protective gear during a welding project
  • A workplace explosion caused by an electrical shortage
  • The failure of a plant to safely store or dispose of hazardous chemicals
  • The bursting of a pipe filled with cleaning chemicals at a manufacturing factory
  • A gas station explosion due to a leaking pipe or gasoline storage chamber

Burn Injury Attorney

Burn victims who feel they have a case should hire a burn injury attorney as soon as possible. A burn injury attorney can help to collect necessary documents, organize the lawsuit, and defend victims during the legal process. The burn injury attorney can also help to navigate the complex negligence laws in each state and provide a customized approach based on each victim’s unique situation.

 

 

Sources:

Buckley, William R, and Cathy J. Okrent. Torts and Personal Injury Law. Clifton Park, NY: Thomson/Delmar Learning, 2004. Print.

Kiecolt-Glaser, Janice K., and David A. Williams. “Self-Blame, Compliance, and Distress among Burn Patients.” Journal of Personality and Social Psychology 53.1 (1987): 187-193. PsycARTICLES. Web. 18 Dec. 2014.

“Post-traumatic stress disorder in patients with acute burn injury.” Journal of Pakistan Medical Association 31 July 2013. Academic OneFile. Web. 18 Dec 2014.

Trevor, Eunice. “Representing a burn survivor.” Trial Sept. 1996: 40+. Academic OneFile. Web. 18 Dec. 2014.