Elements Necessary When Suing For A Burn Injury
Burn injuries can be catastrophic to the extent that victims are rendered permanently disabled or disfigured. If you or a loved one has sustained serious burns due to someone’s intentional act or negligence,you can seek compensation through filing a burn injury lawsuit.
Understanding a Burn Injury
Thousands of people are reported killed and scores injured because of burns from accidental fires,explosions,and or negligence of other people. Some common causes of burns include chemicals,scalds,chemicals,automobile fires,fire due to electric faults,water heaters among other flammable materials.
The Types of Burn Injuries
When suing for a burn injury,it is important to know the category under which your specific burns fall. Burns are classified according to the severity of damage. Higher degree burns will attract a higher compensation due to their costly nature. It is based on the belief that the victim suffered more pain and suffering and that he will spend hours in theater rooms for reconstructive surgeries. Burns can be first-degree,second-degree or third-degree burns where the former is considered superficial and the later more catastrophic.
The “Where” and “How”
The place where the burns took place and how it all happened play a crucial role in any burn injury lawsuit. These elements will help determine the cause of the burns such as whether it was due to defective products or an act of negligence.
The Elements Involved in a Burn Injury Case
In order for you to succeed in a burn injury lawsuit,your- has the duty to prove that the defendant was indeed responsible for your injuries. You will need to provide sufficient evidence to demonstrate that the defendant was partly or wholly responsible for accident that caused your injuries. The proof will be by preponderance of evidence. Three elements that must be proved include duty,breach of duty and causation.
Duty – Here,the plaintiff has to show that the defendant owed him a duty of care such as providing reasonably safe working conditions
Breach of Duty – The defendant breached the duty of care. For example,failure by your employer to repair machinery whose fault caused you injuries.
Causation – Even after proving duty and breach of duty,the plaintiff must also prove that such a breach resulted in injuries. Where the breach is not related to the incident that caused your burns,then your claim is likely to be thrown out.
To be on the safer side of the law,you need to speak to a highly experienced- with undoubted knowledge in burn injuries to represent you since defendants will not sit back and wait to be told to compensate you. Instead,they are also prepared to fight the case through the help of equally competent lawyers.