At the time of an accident, things can spiral out of control quickly. You are dealing with injuries to yourself or your loved ones, trying to figure out how to make the best of a horrible situation, and more. However, you must also keep in mind that time matters when trying to collect evidence regarding a burn injury.
If you were burned through no fault of your own, having a responsible party help you pay for it can become a top priority. The attorney’s office of Morris Bart would like to help you build your case and get compensation for your pain and suffering.
What Were the Circumstances of Your Burn Injury?
Burn injuries happen for a variety of reasons. You may show up for work the same as you do any other day, only to find out it is going to change your life forever. If you are seeking compensation, the circumstances of your injuries will play an important role in figuring out who is responsible.
Were you at work when the incident occurred? Your workplace has a responsibility to ensure that you are protected with proper safety equipment and precautions. You should be protected when working with chemicals and/or dangerous materials that may catch on fire.
Your workplace should also have no exposed wiring for you to accidentally touch. If there is faulty wiring that causes a fire, you should be able to find fire exits because they are clearly labeled.
Injuries at Home
Even burn injuries at home can have causes beyond simple human error. Chemicals and cleaners may cause chemical burns to your skin and eyes, HVAC units can have exposed wires that cause serious burns if you touch them, and apartment managers may not keep their buildings up to code.
Unfortunately, vehicles do sometimes catch on fire due to malfunctions or accidents that may start a flame. Malfunctions, even if caused by an accident, should be addressed by the vehicle manufacturer. They must do their part to ensure when a vehicle is sold, it is safe.
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Can You Prove Someone Contributed to Your Injuries?
If you were not aware of the dangers or were unable to prevent injury with the proper safety gear, then it may mean that the owner of that machinery is responsible. These same ideas also apply to your situation if you sustain thermal burns or scalds or even sun exposure burns.
No matter which type of burn you received or where you were at when it happened, the severity of it may also increase your claim’s potential success.
How to Prove Negligence After Burn Injuries?
Proving negligence for a burn injury isn’t usually easy. You, as the plaintiff, will have to provide the burden of proof regarding how the other party is most likely legally responsible for the injury. This means you will need to show:
- Was responsible based on a legal duty or an obligation and didn’t follow through. (i.e. that they didn’t inspect potentially problematic equipment)
- That an apartment owner failed to keep inspections current and therefore failed in their duties or obligations
- That you were in fact burned because of someone else’s negligence as per state laws or regulations
- From there, you must also prove that the defendant is obligated to compensate you for the injuries that you sustained
To prove your case will take diligence. You will only receive compensation if you gather the proper evidence to support your claim. Some of the best types of evidence will include:
- Police or incident reports
- Photos of the area where your incident occurred
- Video footage (if available) of the incident when it happened
- Eyewitness statements telling what happened and what lead up to the incident
- Other information as it pertains to your case and your situation
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How does the Severity of a Burn Injury Affect Your Claim?
The severity of your burn is important when trying to understand how to proceed with a lawsuit for your burns. Burn severity ranges from first degree to fourth degree. What burns fall into each category are:
First Degree Burns
This type of injury usually means that there is minimal skin damage showing. It is usually superficial. It usually describes a mild sunburn that gets dry and red but does not show blisters.
Second Degree Burns
This type of burn gets painful and may have blisters that appear above it. It does go below the first layer of skin.
Third Degree Burns
Both the epidermis and dermis will be damaged because of a third-degree burn. In some instances, it may even damage the tissues that are underneath. With this type of burn, the burned area may become charred or white in appearance.
Fourth Degree Burns
These burns are the most severe. They can be bone-deep and often may not be repaired with skin grafts. In some situations, the only way to make this type of burn heal is to remove the affected limbs through amputation.
First-degree burns that are painful, but will not mean you have scarring and physical disabilities, you will most likely not have a claim that can be won easily. For more severe burns, your chances of proving a case and getting compensation will increase.
Don’t Put Off Seeking Legal Help for Your Burn Injuries
As soon as you feel able, you should seek the help of an attorney who can track down the details that matter. Morris Bart would like to help you get through the legal process of discovering who can be held responsible for your burn injuries. We are a group of personal injury lawyers that proudly serves areas in Louisiana, Mississippi, Alabama, and Arkansas.
If you feel that you were burned because of someone else’s negligence, we can help you with both advice and going to trial. All you have to do is contact us online.
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