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Following a severe burn injury, the burn survivor and the survivor's family must face a number of serious decisions best answered by an attorney experienced in burn issues. For example, some of the most important questions that can be answered by an experienced burn attorney are the following:
- Whether or not damages are available to the burn victim to cover past and future medical bills?
- Whether the burn victim will be entitled to damages for pain and suffering as a result of the catastrophic injuries sustained by the burn victim?
- In the interim, while the claim is being investigated and handled how will family bills and medical bills be paid?
- Is there a case and how much is it worth?
Investigating Third Party Negligence (Negligence of others)
The cause of an accident is often the result of someone's failure to act appropriately. Several mistakes may contribute to the ultimate outcome. Under the legal system, each person is required to act as a reasonably prudent person with regard to another person under similar circumstances. The failure of a person or entity to act reasonably will be deemed negligence and will cause the faulty party be held responsible for any injury and damages incurred. (Burn or otherwise). Evaluation of breaches of duty will be established by violation of statutory authority such as building codes or case law developed through the courts
A Third Party damage claim occurs when an individual is injured while on the job as a result of the negligence or legal fault of a party other than the injured person's employer or from a defective product or defective condition. In some instances in an injury or accident case an individual can have a third party damage claim as well as a worker's compensation claim.
WHAT MONEY DAMAGES YOU MAY BE ENTITLED TO
Damages are intended to repay or compensate the injured person (in this discussion a burn victim) for the various kinds of losses sustained as a result of a negligent incident or conduct. These will include the following:
- Medical expenses (past, present and bills that will be incurred in the future)
- Pain and Suffering (past, present and pain and suffering that will be incurred in the future such as continued pain to a part of a person's body)
- Loss of wages (past lost wages and loss of future wages or earning capacity losses that a person can't earn because of an injury or damage claim). For example, if a burn survivor can no longer work do to his or her injuries, he or she may be entitled to all of the income that would have been earned had a disabling burn injury not have occurred.
- Mental or emotional pain and suffering (past and anticipated in the future)
- Disfigurement
- Any physical or mental impairment or disability.
- Any other damage that can be proven and is available under the United States Constitution.
PUNITIVE DAMAGES
Punitive damages may be available in certain situations. Punitive damages are meant to punish the guilty party for conduct that is grossly reckless or intentional. For example, it could involve reckless violations of safety and other statues that the party knew about that contributed to the burn or other injury that would have been easily preventable had normal actions been taken. The worse that someone acts the more likely that punitive damages may be available.
The calculation of the amount of money damages that an injured person is entitled to depends upon the circumstances of each case. An investigation into the cause of the accident and of the injuries sustained by the burn survivor is essential to properly evaluate a Burn Survivor's Personal Injury claim.
It is recommended that immediately after a serious and catastrophic injury, such as a burn injury, occurs that experienced burn attorneys be contacted as soon as possible so that a team of experienced investigators and experts can be retained to determine the cause of the accident, to identify any responsible third parties and to preserve important evidence and take any witness statements.
Do you have a claim? Contact us or call us at 1-800-899-7102.
Burn Units and Rehab Centers
For your reference, you may choose a state from the list below to find burn units and rehab centers in your area as identified by the American Burn Association. We also recommend that you consult our links of resources on Burn Survivor Issues.
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