POSTED BY Sarah Cooke . May 5, 2020
Burn injuries can range from very minor to extremely severe. And if your burns are extensive, medical bills can quickly pile up. If you were burned in a situation you feel someone else may be liable for, do you have the grounds for a personal injury case?
If you were burned during a car accident, at work, or on someone else’s property for example, your first step will be to seek medical treatment, and then you will most likely want to seek legal advice.
If you contact an attorney, they will ask you questions to determine the following.
Duty of care
First, your legal representative will want to figure out if the other party had a duty of care to avoid causing you harm. Duty of care is a term that means the other party had a legal obligation to avoid behaviors or omissions of behaviors that could reasonably be expected to cause harm to others.
Breach of duty
Once it’s established that the other party did, in fact, have a duty of care not to harm you, it must next be determined that they actually breached that duty – that they either did something that could reasonably be foreseen to cause you harm or failed to do something that could have been expected to prevent harm.
The next step is determining that there is a causal link between the other party’s behavior and your injuries. That is, you must be able to show that your injuries are the result of the other person’s actions or negligent inaction.
Finally, your attorney will seek to demonstrate that you suffered measurable damages – meaning the injuries or other negative consequences you suffered as a result of the burn can be quantified in terms of a dollar amount you are owed.
If you would like to learn whether you may be eligible to file a personal injury lawsuit, feel free to contact our team of West Virginia personal injury attorneys anytime at 1-877-526-3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.