Take legal action to recover damages for your burn injury
Written by: Enjuris Editors
If you or a loved one received burn injuries in an accident, you can pursue a negligence or workers’ comp claim. The amount of damages will depend on the circumstances of the accident and the severity of the burns.
Your skin is the largest and one of the most important organs of your body. A serious burn can kill an accident victim or at the very least, be completely life-altering. Serious burns can leave you with terrible pain, disfigurement and scarring, and the emotional trauma that comes with those conditions. If you or a loved one is recovering from a burn injury, we know you want answers on what you can do now, especially in terms of recovering compensation to help with the extensive medical bills.
Given the pain and suffering that burns can cause, legal settlements from burn injuries can be substantial. If you are suffering from severe pain and have huge medical bills piling up for your burn treatments, damages or a settlement are likely to ease you burdens. This article provides you with an overview of burn injury liability and will help you determine what you should discuss with a personal injury attorney.
Demonstrating negligence in burn injury cases
As in all personal injury cases, you, the plaintiff, have the “burden of proof.” This means your attorney will need to provide enough evidence to prove that the defendant caused your burn injuries.
When your burn occurs as an accident, you can pursue a negligence claim. Under Georgia law, you must prove the following to win your burn injury lawsuit:
The defendant owed a certain duty of care to you.
That duty of care was breached as your safety wasn’t protected.
If the breach hadn’t occurred, the accident most likely wouldn’t have taken place.
The breach of duty led to your injuries.
The same criteria is true for workers’ compensation claims. If your accident occurred at work, then your employer’s duty of care to you will be examined. Your burn injury claim could be substantial, especially if your employer’s failure to follow OSHA regulations led to the accident.
The cause of the accident and many other complexities in burn cases will affect the size of the potential award and whether your case is settled or resolved via a trial or workers’ compensation hearing.
Possible compensation in a Georgia burn injury case
Naturally, it’s hard to estimate how much a burn injury settlement or verdict may be. Generally, burn injuries can lead to higher settlements due to the pain, suffering and scarring that usually is involved. Physical and emotional harm is likely, and you may need several surgeries and physical therapy to recover. Additionally, your compensation will depend on the factors surrounding the accident.
The major factors in burn case settlements that affect the potential size of the damages include:
How severe the injury is in terms of physical damage and the cost of treatment.
The intentions of the party who caused the burns.
To what extent the responsible party can pay damages.
If your attorney can establish that you have been burned due to negligence, Georgia law allows you to be compensated for the following damages:
Medical bills – future and past – for treating your burn injuries.
If you’re not sure if you qualify for workers’ compensation or if you would like to pursue a personal injury claim, we encourage you to speak with a personal injury attorney as soon as possible. Before your consultation, consider the following resources: