If you have been involved in a burn injury accident, talk to an experienced Philadelphia burn injury attorney of The Law Offices of Samuel Fishman. Samuel Fishman is a reputed lawyer with more than two decades of experience.
He has been assisting injury claimants since 1995. He and his team can effectively help you file a strong burn injury claim and win fair compensation for every loss. Call (215)-464-4600 and book your first free consultation session today.
The skin is the body’s largest organ and plays the crucial role of protecting the nerves, muscles, bones, and vital organs. This is why burns can have a devastating toll on the body. Depending on the burn’s severity and location, a burn injury can lead to excruciating pain and decreased ability to function. A severe burn injury can even result in death.
Every Burn Injury Case Is Different
Suppose a burn injury has been caused due to someone else’s negligence. In that case, they can potentially be sued for compensation with the help of a Burn Injury Lawyer.
The compensation you could receive for the damage depends on several factors. The compensation is typically increased if the injury victim has suffered excruciating pain. While deliberating a verdict, the jury will consider factors such as:
- The severity and location of the injury
- The financial limitation of the responsible party
- The intent of the responsible party behind causing the injury
Receiving the fair and full compensation that you deserve is not always easy. You may have to file multiple lawsuits, fill out endless forms, and give multiple testimonies to medical experts in court. While filing a lawsuit for a burn injury, it is always wise to hire a reliable and trustworthy burn injury lawyer.
Taking the First Steps:
The first step to receiving burn injury compensation is to file a lawsuit against the responsible party. Much like any other personal injury case, you and your lawyer will need to start accumulating substantial evidence that shows that the burn was the fault of the accused.
Informing your attorney of all the injury details, including where, when, and how it happened. Please come prepared with a list of questions and concerns you want to talk to your attorney about to get the best service possible.
It is always better to consult experienced burn injury lawyers before filing a lawsuit. Even if you have already filed a claim, you can still talk to our personal injury attorneys to know your best legal options.
What Can be Proved in a Burn Injury Lawsuit:
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- Negligence of the Owner:
A burn injury attorney can help the victim file a lawsuit against the person responsible for the safety of the employees or workers. If you have sustained injuries because of your workplace or organization’s negligence, the owner owes you a duty of care and should be held responsible for your actions.
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- Lack of Cautionary Measures:
Burn injury attorneys can help you file a lawsuit based on your workplace’s lack of cautionary measures. The accused has breached their duty of care if they have not made their employee aware of the danger they could experience in the workplace, such as handling highly flammable and combustible materials or having inadequate fire safety protocols.
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- OSHA Violation
Suppose the employer has failed to abide by the Occupational Safety and Health Administration’s rules and regulations, also known as OSHA. In that case, the jury will ask for compensation for the victim.
Factors in the Amount of Compensation:
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- Area of injury:
In a burn injury lawsuit, the area of the injury will affect the compensation amount. An injury to the face will get more compensation than an injury to the hand, even if the injuries are the same size. Also, an injury that can be more easily hidden will typically receive less compensation than a highly visible injury.
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- Role of the victim:
Apart from the injury area, the jury will also consider the role of the victim in the accident as well. If the jury considers that the victim’s accident was avoidable, they may lower the compensation amount. The jury may even rule out a reward entirely if it finds that the victim was responsible for the accident.
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- Material that caused the harm:
The compensation amount will also be dependent on the material which caused harm. Some of the most common causes of burn injuries in the workplace are the use of flammable materials, defective industrial equipment, and common accidents. Burn injuries can also be caused by defective architecture, such as structural instability, faulty wiring, or gas explosions. Still, other causes can occur in a personal setting, such as defective household products and automobile crashes.
What Will My Compensation Amount Be?
As previously mentioned, the compensation amount that you will receive is dependent on several factors, such as:
- The cost of your medical bills from before and after the burn injury.
- The income you lost because of the injury and the income you will lose in the foreseeable future.
- The pain and suffering you are going through because of the injury.
If your injury was an accident, the compensation you can receive is determined according to the courts’ compensation rule book for burn accidents. However, if the injury was caused deliberately, there is no limitation on the compensation amount you can recover.
In addition to monetary compensation, the defendant may even be asked to provide the victim with other forms of compensation. This may include permanent employment in an organization without exposure to a dangerous environment.
What If the Injury Results in the Death of the Victim?
In some cases, the victim may succumb to their injuries, and the burn injury will become fatal. The statute of limitations for filing a case in court against the defendant is two years from the date of death.
- In fatal cases, the court will ask those close to the victim to gather substantial evidence against the defendant. If the victim has no one to represent them in court, the court will find a personal representative.
- Not everyone can receive compensation on behalf of the victim. Only a few selective representatives can recover the damages for death. If the victim is an adult, they can be represented by their spouse, adult children, minor children (accompanied by a legal representative), or the parents (if no other survivors). If the victim is a minor, they must be represented by their parents or guardians.
- The victim’s survivors can ask the court for compensation for the cost of the damages, financial burdens, and mental trauma that they are facing because of the accident. While deciding the deceased victim’s compensation amount, the court will consider several factors, such as the loss caused to the descendant because of the victims.
Suppose the victim was the sole earner of a family. In that case, the court may ask the defendant to provide financial compensation to each family member and provide employment compensation to an adult.
Contact experienced Philadelphia burn injury attorneys for legal help
When you hire a Philadelphia Burn Injury Lawyer, you will make a solid case to help you receive the maximum compensation for your loss. The Law Offices of Samuel Fishman has years of experience and can handle personal injury claims excellently.
Our lawyers’ extended legal steps helped win the burn injury claim without hassle. Book your first free consultation at 215-464-4600!