What Do You Need to Prove in a Burn Injury Lawsuit?
Burn injuries can be devastating, leaving victims with lifelong injuries, scars, and mental anguish. When a burn accident was caused by someone else’s negligence, victims may be able to recover compensation for their injuries and other damages through a burn injury lawsuit.
In a burn injury lawsuit, the burden of proof is on the plaintiff, the person filing the lawsuit. At the Foley Law Firm, our personal injury attorneys gather evidence to build a strong case so our clients know what to prove in a burn injury lawsuit in Scranton, Stroudsburg, and Wilkes-Barre, PA.
When pursuing damages for a burn injury, victims must be prepared to prove that they suffered losses due to another person’s negligence. The following are some key items necessary when proving fault in a burn lawsuit.
Duty of Care
The plaintiff in a burn injury lawsuit must demonstrate that the defendant, the person accused of causing the injury, had a duty of care to the plaintiff.
Duty of care is a legal term that describes the legal responsibility certain parties have to others to prevent causing harm or injury through a reasonable amount of care. For example, an employer has a duty of care to provide workers with proper safety equipment when necessary.
Duty of Care Was Not Upheld
Once a duty of care is established, the plaintiff must prove that the defendant failed to uphold their duty of care.
Keeping with the example of an employer and employee safety, duty of care may be breached when an employer fails to provide safety equipment or proper training for the handling of flammable materials.
The Breach Caused Damages
The plaintiff must also prove that the breach of duty directly caused their injuries and other damages, like missed work and hospital expenses.
This may be demonstrated by showing that a workplace fire started due to a lack of safety equipment.
Evidence of Severity of Injuries
In addition to establishing fault, the plaintiff will also need to provide documentation regarding the extent and severity of their burn injuries.
Evidence of the severity of burn injuries may include photographs of the burn injuries, especially immediately after the injury occurred. Medical records are also important and should detail the extent of any burn injuries as well as any additional medical problems arising from the burns. Other medical documentation may include details about physical therapy, recovery, and the victim’s long-term prognosis.
The Importance of Strong Evidence in Proving Fault
Providing strong evidence in a burn injury lawsuit is not only essential to proving fault, it can also help increase the settlement amount awarded to accident victims. Through a burn injury lawsuit, it may be possible to recover such damages as:
- Medical expenses
- Lost wages
- Loss of future earnings
- Mental anguish
- Pain and suffering
Contact Foley Law Firm About Your Brain Injury
If you have suffered a burn injury and believe your injuries were caused by another person’s negligence, you may have grounds for a burn injury lawsuit. To discuss the details of your claim, please call the Foley Law Firm at (570) 424-1757 or contact us online.
