Filing a Burn Injury Claim
If you or your loved one sustained a burn injury due to someone else’s negligence or recklessness, you may be entitled to compensation. If you wish to file a burn injury claim, here are a few things to keep in mind:
- Contact an experienced attorney you can trust to timely file your claim within the applicable statute of limitations.
- Find an experienced burn injury attorney to handle your case. Wendy York and her team of experienced legal professionals are renowned for their skill in presenting the strongest cases possible on behalf of their clients. Contact York Law Firm to schedule a consultation with one of our burn injury attorneys.
Who is Liable in a Burn Injury Case?
In order to succeed in a burn injury case, you must prove liability by way of negligence, strict liability or intentional wrong.
Negligence. A party is negligent if she failed to act as a reasonable person would have acted under the same or similar circumstances. Examples of negligence resulting in burn injury include house fires due to negligence (cooking, grill fires), motor vehicle accidence (driving recklessly or disobeying traffic signals) or workplace fires.
Strict liability. Strict liability is the theory that a person, company, or manufacturer is liable even though there is no “fault” on their part.
Intentional wrong. If the wrongdoer intentionally acted to inflict the injury on the plaintiff, such as in cases of assault, she will be found liable.
Legal Considerations in a Burn Injury Case
Statute of Limitations. As with any lawsuit, burn injury lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. Contact us and one of our attorneys can advise you on the applicable statute of limitations.
Recovering Damages in a Burn Injury Case
The injured plaintiff can recover past and future medical expenses and non-economic damages (also referred to as pain and suffering – the harms, injuries and losses suffered). Punitive damages can also be awarded when the plaintiff can prove that the wrongdoer acted fraudulently, maliciously or recklessly.
Types of Damages
Compensatory Damages. Compensatory damages are damages meant to “right the wrong.” In other words, they are meant to reimburse/make up for the injuries, harms and losses sustained by the victim.
There are two types of compensatory damages: economic and non-economic damages. Economic damages include quantifiable amounts such as out-of-pocket expenses like medical bills, lost wages or property damage. Non-economic damages include pain and suffering, loss of companionship, physical injuries/harms, mental anguish and emotional distress. They also include “loss of consortium,” or damages for loss of society, comfort and care of the injured plaintiff.
Punitive Damages. Damages awarded to the victim in order to punish the wrongdoer for her gross negligence are known as punitive damages. Punitive damages are awarded where the conduct was malicious or in reckless disregard of the plaintiff’s rights, displaying an indifference to the rights and safety of others. Punitive damages may also be awarded when the defendant’s conduct is fraudulent or oppressive.