Alablama Severe Burn Injury AttorneysWith any personal injury burn case, it’s difficult to make an accurate prediction as to what any burn injury settlement or verdict will be. some of the biggest factors can be the severity of the burn injury, the intentions of the person who may have caused the burns and the extent to which a defendant can pay a settlement. Burn injuries cases tend to have higher settlement value due to the pain and permanent scarring.
Burn LawsuitThe elements of a personal burn injury lawsuit depend on the facts. Most burn personal injury lawsuits are based on negligence, which involves the careless actions or inactions of another. The four elements of negiligence are:
- Breach of Duty
- Direct or Proximate Cause
Each of the personal injury burn case elements above has to be proven by a preponderance of the evidence. If the personal burn injury lawsuit involves a recalled defective product and the burn is linked to that product, the case is one of strict liability, that means cause is considered proven. If the burn injury resulted in death, the burn personal injury lawsuit becomes a wrongful death case.
Compensation for burn victimsCompensation payment for burn injuries is commonly called damages in a burn personal injury lawsuit. Burn injuries may include injuries to any parts of the body, which can includeincluding the skin, eyes, lungs and brain. Hands, feet, arms and legs can be so badly burned that amputation is necessary.
In reaching a burn injury compensation settlement, both sides will negotiate based on what they believe the plaintiff or victim may be awarded at trial. How and where the burn injury occurs may be important because it may show the degree of the defendants liability. This could affect how much a jury might be willing to award at trial. There is no one kind of personal burn injury case. They happen in a variety of ways,they can include workplace burn injuries, faulty consumer products burn injuries, arson burn injuries and any kind of burn accident that is caused by some degree of negligence.
The following personal injury damages can usually be claimed in a burn injury lawsuit:
Actual damagesThis can include personal medical expenses, pain and suffering , lost earnings, cost of care and other related expenses.
Punitive damagesThis is an amount awarded to a burn injury victim as a means of punishing the person or persons responsible. If the burn victim dies, the the family of the burn victim may have a wrongful death claim and sue the companies responsible.
Duty of care in a burn injury case
With a personal injury burn accident case, there can be multiple parties that may have had a duty of care. Depending on the facts of a case, possible parties with a duty of care to you at the time of your burn accident may include the following:
- An employer
- A property owner
- The owner of a vehicle
- The driver of a vehicle
- A product manufacturer
- A utility company
- A propane company
- A person who may have serviced a propane tank, vehicle, piece of equipment, etc.
- A persons landlord
The burn attorneys at McCutcheon and Hamner Accident and Injury Lawyers will thoroughly investigate your burn accident and injury to determine who should be sued to compensate you for your pain, suffering and financial losses resulting from your burn injury.
Expert Witness that may be needed in a burn injury lawsuitBurn injury lawsuits may require the expert legal testimony of medical doctors, biomedical professionals and engineers, McCutcheon and Hamner Personal Injury Attorneys law firm has the needed resources to get qualified expert witnesses and pay for professional visuals that can make their testimony come to life in a court room trial.
The personal injury lawyers at McCutcheon and Hamner understand the complex science behind burn injury cases we have successfully used complex, science-based testimony of expert witnesses, in pre-trial motions and during negotiation settlements.
At McCutcheon and Hamner, we recognize the horrible pain and disfigurement resulting from burn injuries and the legal and financial needs of burn survivors and their families.