Establishing Liability In Burn Injuries And Accidents

Burn injuries are the most painful type of injury to which a person can be exposed. While they may not always be fatal, severe burns can cause serious complications that may require years of medical treatment. The long-term costs of treating burn injuries can be high, especially if the victim is permanently disabled or disfigured. The emotional distress associated with burn accidents can also be hard to overcome, and some victims may require psychiatric care to help them deal with the aftermath of the incident. 

Establishing legal liability for burn accidents can be very challenging. However, knowing the basic principles that govern burn injury cases can help victims and their families better understand how to approach their claims. In this article, Dobbs Law Firm provides an overview of how courts typically determine legal responsibility for burn injuries and accidents.

What Factors Determine Liability?

Three main factors establish legal liability for burn injuries: negligence, strict liability, and breach of warranty.

Negligence

If someone suffers a burn injury because another party fails to act with reasonable care, the negligent party can be held legally accountable for their actions. For example, a worker whose employer fails to provide adequate safety equipment may be entitled to compensation if they are injured because of this lack of precaution. 

Strict Liability

Strict liability means that the defendant is liable (by law) even if they are not intentionally at fault. Certain types of businesses are expected to take extra precautions to protect their customers and the general public. For example, automotive manufacturers are held strictly liable for injuries caused by defects in the design of their vehicles.

Breach Of Warranty

Breach of warranty is very similar to strict liability. Warranties are promises that create legal obligations for both parties, even if no negligence can be proven. For example, if an electric appliance has a manufacturing defect that causes it to malfunction, the appliance manufacturer may be held liable even if they did not act negligently.

How Can Burn Victims Seek Compensation?

There are necessary steps that must be followed before an individual file a lawsuit or begin negotiations for settlement.

Obtaining Medical Attention

Many burn injuries are severe enough that victims require emergency medical care. That’s exactly the reason why it is important to get medical treatment promptly after an accident. Medical records detailing the nature of the treatment and the patient’s prognosis should be obtained as soon as possible because these records can form the basis of future compensation claims.

Reporting To Authorities

Victims should contact the appropriate agencies to report the accident, cooperate with investigators, and obtain copies of any relevant reports or details about the incident. They should also gather as much evidence as possible from the scene of the accident, including contacting witnesses and taking pictures. 

Preparing For Negotiations

If you decide to settle your case out of court, it can be advantageous to hire an experienced personal injury attorney who can help negotiate the best possible settlement. Working with an attorney helps ensure that your rights are protected throughout the process while also minimizing potential costly mistakes. They also know the true value of your case, which can be difficult to determine if you are negotiating alone.

Filing A Lawsuit

In some cases, it may be better to file a lawsuit against the negligent party rather than settle out of court. Although this can be a costly and complex process, there are many benefits to filing a lawsuit. For example, a lawsuit makes it more difficult for the defendant to deny responsibility without mounting a full-scale defense. In addition, it gives you leverage in negotiations since the defendant knows you are serious about pursuing your claim.

Reach Out To A Top-Rated Personal Injury Attorney In Odessa, TX

If you need help filing a lawsuit or negotiating a settlement for your burn injury in Odessa, TX, reach out to one of the experienced personal injury attorneys from Dobbs Law Firm. For decades, they have been providing top-notch legal representation for burn injury victims throughout the state, and they can put their years of experience to work for you as your legal counsel. They even work on a contingency basis, which means that they will charge their professional fees only if you recover the compensation you deserve.

Contact Dobbs Law Firm today at (432) 580-0808 or fill out their online contact form to schedule a free consultation.

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