The pain from a burn injury can be profoundly damaging.
The physical discomfort caused by a burn is often unmatched.
Additionally, burn injuries can lead to financial and emotional distress, along with a challenging recovery process.
What A Lawyer Does in a Burn Injury Claim
Our lawyers play a crucial role in ensuring you receive the representation you need for the best chance at obtaining fair compensation. We will guide you through the entire litigation process, from the initial case evaluation to potentially litigating the case in court. Here’s what our lawyers will do for you:
Case Evaluation
First, we will assess the details of your burn injury, including its cause, severity, and the circumstances surrounding the incident. This evaluation helps determine the strength of your claim and the appropriate legal strategy to pursue.
Calculating Damages
We will carefully calculate all damages related to your burn injury, including medical expenses, lost wages, future earning capacity, pain and suffering, and emotional distress. This thorough calculation ensures that the demand we send to the other party encompasses the full extent of your losses.
Negotiating with Insurance Companies
Our lawyers will negotiate with insurance companies on your behalf to secure a fair settlement. We come prepared to handle any tactics these insurance companies might employ. If a settlement cannot be reached, we are ready to litigate your claim in court.
Throughout the process, our lawyers provide clients with sound legal advice, guiding them through the complexities of the legal system and offering support during what is often a challenging time. Protecting the victim’s rights and advocating for their best interests is a fundamental aspect of our team’s approach to burn injury claims.
Negligence in Burn Injury Claims
Negligence plays a central role in Lexington burn injury claims. Establishing negligence is crucial for a plaintiff seeking compensation for injuries sustained due to another party’s carelessness or recklessness. Negligence in burn injury cases can manifest in various scenarios, such as a landlord failing to install adequate fire safety measures, an employer not providing proper protective gear, or a manufacturer selling a product with inherent fire risks without adequate warnings.
To successfully prove negligence in a Lexington burn injury claim, the plaintiff must demonstrate four key elements:
Duty of Care
The defendant was legally obliged to act with a certain level of care towards the plaintiff. For instance, product manufacturers must ensure their products are safe for use, and landlords have a duty to comply with fire safety regulations
Breach of Duty
The defendant failed to meet their duty of care. This could be through action (e.g., performing a risky procedure without taking necessary precautions) or inaction (e.g., failing to repair known hazards that could lead to a fire).
Causation
There must be a direct link between the defendant’s breach of duty and the plaintiff’s injuries. The plaintiff must show that their burn injuries were the direct result of the defendant’s negligence and not due to an unrelated cause.
Damages
The plaintiff suffered actual damages as a result of the breach. In burn injury cases, damages can include medical bills, lost wages, pain and suffering, and long-term care or rehabilitation costs.
Damages in a Burn Injury
Burn injury claims encompass a wide range of potential damages for which a victim can seek compensation. These damages are categorized into economic, non-economic, and, in some cases, punitive damages, aiming to cover the full spectrum of losses a victim incurs.
Economic damages are quantifiable financial losses directly stemming from the injury. For victims of burn injuries, economic damages might include:
Medical expenses, present and future, related to emergency care, hospitalization, surgery, medication, physical therapy, and any required rehabilitation or medical equipment.
Lost wages for the time the victim cannot work due to their injuries.
Loss of earning capacity if the injuries lead to long-term or permanent disability, impacting the victim’s ability to earn a living in the future.
Any other out-of-pocket expenses related to the injury, such as travel costs for medical treatment or modifications needed at home to accommodate the victim’s injuries.
Non-economic damages cover the intangible losses that are not directly measurable in monetary terms but significantly impact the victim’s quality of life, including:
Pain and suffering encompass both physical pain and emotional distress.
Emotional trauma, which might include anxiety, depression, and PTSD arising from the incident and its aftermath.
Loss of enjoyment of life if the victim can no longer participate in hobbies or activities they once enjoyed.
Disfigurement and scarring, particularly relevant in burn injury cases, where the visible marks can also lead to emotional and psychological distress.
Loss of consortium compensates the victim’s spouse for the loss of companionship and support.
Punitive damages are not awarded in every case but may be considered if the defendant’s actions were particularly willful, malicious, or egregious. These are not meant to compensate the victim but to punish the wrongdoer and deter similar conduct in the future. Determining the full extent of damages in a burn injury case requires thorough documentation and, often, expert testimony.
Proving a Burn Injury Claim
Gathering evidence is essential for demonstrating the severity of a burn injury, its impact on the victim’s life, and identifying the negligence that caused it. Important types of evidence include medical records detailing the injury’s severity, required treatments, recovery outlook, and photographic or video evidence that visually documents both the injury’s aftermath and the accident scene. Eyewitness testimonies can strengthen the victim’s account, while documentation such as safety reports and employment records can establish regulatory violations and economic losses, including lost income and reduced earning capacity.
Medical experts play a crucial role in burn injury claims, providing detailed analyses of the injuries, their long-term effects, and necessary medical interventions. They help establish the connection between the accident and the injuries and assess the impact of any pre-existing conditions on the case. Their expertise is vital for calculating non-economic damages, such as pain and suffering.
Why Choose Sam Aguiar Injury Lawyers
At Sam Aguiar Injury Lawyers, we recognize the significant impact these injuries can have on your life and the lives of your loved ones.
Our burn injury lawyers are dedicated to providing you with the highest quality legal representation to help you obtain the compensation you deserve. Whether your injury resulted from a workplace accident, negligence, or a defective product, our team will guide you through every step of the legal process, ensuring that your rights are protected. Contact us today for a free consultation.
If you or a loved one has suffered a burn injury due to someone else’s negligence, you don’t have to face the aftermath alone. Our skilled attorneys at Sam Aguiar Injury Lawyers are here to assist you. Our dedicated team has the experience and resources to handle complex burn injury claims, ensuring you receive the compensation you deserve for medical expenses, lost wages, pain, and suffering.
Choosing Sam Aguiar Injury Lawyers gives you an advantage in your burn injury claim. Our team consists of experienced professionals who are committed to providing focused attention on every case. We have a proven track record of securing hundreds of millions in settlements and judgments.
Contact our office today to schedule a free consultation and let us fight for your rights and recovery.
