Depending upon their severity, burn injuries can be relatively minor or life-threatening. A burn injury could result in permanent scarring, along with emotional distress, personal humiliation, and embarrassment.
Treatment for a serious burn injury could also be long-term and painful, consisting of physical therapy, rehabilitation, and plastic or reconstructive surgery. Along the way, a burn injury victim could incur high medical costs—along with lost wages from being unable to work—as a result of this treatment.
If you or a family member suffered a burn injury due to the careless mistake of another, you might be eligible for monetary compensation with the help of a skilled attorney. A Marksville burn injury lawyer could discuss your legal options and come up with a plan for maximizing your damages and moving your case forward.
Asserting the Proper Legal Claim
A serious burn injury can occur while at work, in a motor vehicle accident, or as a result of exposure to a defective product. Depending on the circumstances, a Marksville burn injury attorney might be eligible to assert one of several types of civil claims on an injured victim’s behalf.
Workers’ Compensation
If the victim suffers an injury while on the job or while in the scope of their employment, they may be able to file a claim for workers’ compensation against their employer or against their employer’s insurer. In addition to recovering compensation for a portion of their lost wages, the accident victim might be eligible to recover disability benefits for their burn injury.
Negligence
If someone suffers a burn injury as a result of someone else’s carelessness, they may be eligible to file a negligence claim against the at-fault party. For example, if another driver is intoxicated while behind the wheel and causes a motor vehicle collision that starts a fire, the victim could make a claim against the at-fault driver for any burn injury suffered in the accident.
Product Liability
Some burn injuries happen because of defective products that malfunction and catch fire or explode. Sometimes, these malfunctions occur because of a defect in the manufacturing or design process. At other times, products cause injuries because they do not come with the proper warnings on them. When a burn injury occurs under these circumstances, the accident victim could assert a claim for product liability against the product manufacturer.
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Obtaining Compensation for a Burn Injury
In addition to disrupting an accident victim’s life in the present, burn injuries could result in damages well into the future. As a result, accident victims may be able to recover compensation for their medical and rehabilitation expenses, lost wages, and the costs of future corrective surgeries.
In addition, victims may be able to recover pain and suffering damages, as well as compensation for loss of enjoyment of life. A burn injury lawyer in Marksville could make it a priority to pursue damages on a victim’s behalf.
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Avoyelles Parish Burn Injury Lawyer
Determining Liability for Burn Injuries
One of the first and most important aspects of an Avoyelles Parish burn injury case is the identity of the responsible party. Liable parties could include dangerous drivers, medical staff, or product manufacturers whose negligence led to the plaintiff’s injuries. The victim’s lawyer must show the jury that the liable party owed a duty to the plaintiff and failed to uphold that duty. Examples might include:
- Drivers who disobeyed the rules of the road
- Manufacturers that made dangerous products
- Doctors who prescribed the wrong medication
- Employers who failed to maintain equipment properly
- Property owners who did not install smoke detectors and sprinklers
Furthermore, they must show the jury that the defendant’s breach of duty caused the injuries of the plaintiff, leading to their damages. If the plaintiff’s lawyer cannot prove all of these key points, they may be at risk of losing their lawsuit and any potential compensation.
Burn Cases with Multiple Defendants in Avoyelles Parish
Depending on the specific circumstances leading to the plaintiff’s burn injuries, there might be multiple parties liable. The law allows plaintiffs to file one lawsuit against several defendants in the same case. An Avoyelles Parish burn injury attorney could help a victim determine if there is more than one defendant that should be named in their lawsuit, and who those defendants may be.
When more than one defendant is involved, the jury must assign each a percentage of fault for the plaintiff’s injuries. In most cases, several liability will follow Louisiana Civil Code §2324, meaning each defendant would pay the plaintiff’s compensation proportional to their fault in the incident.
It is possible for one or all of the defendants in the case to agree on a settlement with the plaintiff prior to taking the case to trial. If one of the defendants settles outside of the courtroom with the plaintiff, their settlement amount will reduce the amount of money owed by the non-settling defendant(s).
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Contact a Marksville Burn Injury Attorney Today
Serious burn injuries have the potential to result in long-term pain and suffering. If you have suffered a burn injury on the job, in an accident, or as a result of a defective product, call a Marksville burn injury lawyer as soon as possible to develop a plan for moving forward and pursuing money damages. Do not wait until the time limit to submit an injury claim is up—schedule a consultation today.
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