Each year, approximately 400,000 Americans suffer burn injuries. These burns range from relatively minor first-degree burns to serious second and third-degree burns. While some of these injuries are no one’s fault, others may be caused by another person’s careless behavior.
If another person caused your burn injuries, then you may be able to sue them for negligence. Through a lawsuit, you can recover financial compensation for your medical expenses, lost wages, pain and suffering, and other losses. Our West Virginia personal injury lawyers can help you get the money that you deserve for your injuries.
At Johnstone and Gabhart, we offer outstanding legal representation to accident victims throughout West Virginia. We understand how devastating a fire or other type of burn injury can be and are committed to helping you through the process to achieve a successful outcome. To learn more or to schedule a free initial consultation with a West Virginia burn injury attorney, contact our law firm today.
What Is Negligence?
Negligence is a legal concept that essentially means that a person acted carelessly. It is the failure to use the level of care that a reasonable person would use in a similar situation. In a personal injury lawsuit, the injured person (plaintiff) has the duty to prove that the at-fault party (defendant) was negligent.
To prove negligence, the plaintiff will have to introduce evidence of four elements:
- Duty: The defendant owed the plaintiff a duty to use reasonable care.
- Breach: The defendant violated that duty in some way.
- Causation: The defendant’s violation caused harm to the plaintiff.
- Damages: The plaintiff suffered losses as a result.
In some types of cases, negligence is pretty clear. For example, if you are sitting at a red light and another driver rear-ends your vehicle, then there is no question that they were negligent. A person can also be negligent in causing a burn injury.
This can happen in any number of ways. Consider a situation where a guest at a picnic decides to set off fireworks. He is careless when doing so, and a firework hits another person, causing burns. In this case, that person could potentially be sued for negligence.
Other examples of negligent burn injuries include:
- Car accidents that cause fires or explosions
- Workplace accidents, such as inadequate fire safety measures, exposure to chemicals, or failure to properly ground electrical wires, which can cause burns
- Medical negligence, such as chemical or radiation burns, due to improper procedures
- Building or house fires caused by hazardous conditions that the property owner failed to address (a type of negligence covered by premises liability claims)
- Negligent supervision of a child
In any of these cases, the injured party could file a lawsuit against the person who carelessly caused the injury. If you are unsure of whether negligence was a factor in your situation, you can always schedule a free consultation to talk to one of our Charleston burn injury lawyers about your case.
Can I File a Lawsuit for My Burn Injury?
If another person caused your burn injury, then you can potentially file a lawsuit against them for your losses. The key is proving that they were negligent in some way. As described above, you will need to prove four elements (duty, breach, causation, damages) to win a lawsuit.
In some cases, a plaintiff in a burn injury lawsuit might not have to prove that the defendant was negligent. Under the doctrine of negligence per se, a defendant is presumed to be guilty if they violated a law that is designed to protect people and their violation caused the plaintiff’s injuries.
For example, if a landlord failed to follow fire safety measures (such as installing smoke detectors and making fire extinguishers available) and a person was injured in a fire as a result, then they may be considered negligent per se. The key is that the person’s injuries are the type of harm that the law was designed to prevent.
In other cases, you will have to prove that the defendant was careless in causing your burn injuries. Our West Virginia burn injury lawyers are skilled at gathering evidence to support your legal claims. When you hire our law offices, we will get to work immediately to build your case.
Our legal team will interview witnesses who may be able to provide additional insight into how the burn accident occurred. We will request accident or incident reports from government agencies and seek out photos and videos of the scene. We will also consult with expert witnesses and analyze your medical records.
Once we have a better understanding of what happened and who may be responsible for your injuries, we will draft a demand letter. This is a letter that is sent to the at-fault party’s insurance company to make a demand for compensation. It will also include a description of the facts and the legal reasons why the defendant is responsible.
Most personal injury cases, including burn claims, are resolved outside of court. It is often still necessary to file a lawsuit to protect your legal rights. We will continue to negotiate as we go through the litigation process, working hard to get you the money that you deserve.
If the insurance company refuses to offer you a fair settlement, then we can and will take your case to trial. In court, we will make arguments, question witnesses, and present evidence. We will then ask a jury to return a verdict in your favor.
In each case, our goal is to get you maximum compensation for your injuries. We know that burn accidents can leave lasting physical and emotional scars. Our Charleston personal injury attorneys will fight to get you the money that you are entitled to under the law.
What Compensation Can I Recover in a Burn Injury Lawsuit?
In a personal injury case based on negligence, plaintiffs can recover two types of compensation: economic and non-economic damages. Together, they are referred to as compensatory damages because they pay you for your losses. Punitive damages are not awarded in negligence cases, as they are only available in claims involving intentional or reckless conduct.
Economic damages compensate you for your financial losses. Examples include lost wages, reduced earning capacity, property damage, medical bills, and future medical treatment. It can also include other losses, such as medical devices and other expenses associated with your injuries.
Non-economic damages pay for your intangible losses. These are the kinds of things that you don’t get a bill for, but are just as important to a full financial recovery. They include pain and suffering, reduced quality of life, scarring, disfigurement, and emotional distress.
Insurance companies often put the focus on economic damages because they are easy to quantify. However, any type of burn injury can be incredibly traumatic and cause a lot of emotional harm. We will fight to make sure that you are adequately compensated for ALL of your injuries, including both economic and non-economic damages.
Help for West Virginia Burn Injury Victims
There are times when burns are nothing more than bad luck, like grabbing a hot pan without thinking. But if you were burned because of something that another person did or failed to do, then they can be held liable for your injuries. Our law firm is here to advocate for you.
Johnstone and Gabhart represents individuals and families throughout West Virginia in all types of accident and injury cases. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a Charleston burn injury attorney, call our law office at 304-343-7100 or fill out our online contact form.
