Who can I Sue in a Burn Injury Lawsuit?
If you have suffered a catastrophic burn injury, someone else's negligence or recklessness may have been at fault. You may be able to bring a lawsuit for damages under North Carolina law. Personal injury lawsuits are often difficult to predict. It is impossible to know the exact outcome of a personal injury lawsuit. The first step in filing a personal injury lawsuit is determining whether or not it is worth bringing a lawsuit. The first step in deciding whether or not it is worth bringing a personal injury lawsuit is to determine who is at fault for the injuries.Seeking Assistance From Skilled Personal Injury Lawyers
If you have suffered burn injuries, the first thing to remember is that you are not alone. The legal process can be overwhelming and daunting. However, when you work with an experienced legal team, you will benefit from our experience and skills. At Arnold & Smith, PLLC, our legal team fights for our clients throughout the entire legal process. We understand the facts of your case and work hard to represent your best interests at every stage of the process. Contact our personal injury lawyers as soon as possible to schedule your initial consultation.Understanding the Different Levels of Severity of Burn Injuries
Medical professionals categorize burn injuries based on their level of severity. Severe third-degree burn injuries can require multiple reconstructive surgeries and come with years, if not decades, of pain and suffering. Severe burn injuries can also contribute to certain types of aggressive skin cancers, infections, and disfigurement. Medical professionals categorize burns as follows:
- First-degree burns are the least severe types of burns and are often considered superficial. Even though they are merely superficial, they can still be painful.
- Second-degree burns are the second least severe types of burns. They destroy the two outer layers of skin but do not harm the deepest layer of tissue. Second-degree burns may cause infection or painful blisters.
- Third-degree burns are the most severe type of burns. All of the layers of skin become destroyed in severe third-degree burns. The treatment for third-degree burns is often skin grafting, a process which can necessitate years of pain, surgeries, and high risks of infection. Third-degree burns are also referred to as full-thickness burns. They always cause permanent scarring and often burn through all of the nerves, tendons, and most of the skin.
In order to succeed in a North Carolina burn injury case, the burden of proof is on the plaintiff. That means you will need to provide sufficient evidence to prove that the defendant caused the accident that led to the burn injury. To succeed, you will need to prove all of the following:
- Duty of care - The defendant owed you a duty of care when the accident happened. Drivers owe other drivers a duty of care, and employers owe employees a duty of care to provide a work environment that is reasonably safe. Businesses owe their customers a duty of care and premise owners owe their guests a duty of care. If you are unsure as to whether the defendant owed you a duty of care, our legal team can help answer your questions.
- Breach of duty - After proving that the defendants owed you a duty of care, you must then prove that the defendant breached the duty of care. For example, if a driver was texting while driving when they caused the car accident that resulted in your burn injuries, they may have breached their duty of care.
- Causation - After proving the elements of breach and duty, you must still prove the element of causation. You need to prove that the inaction or action of the defendant caused the incident that resulted in your burn injuries.
- Injury - Finally, you need to prove that you suffered actual physical injuries. Be sure to keep your medical records and to go to any follow-up appointments requested by your doctor. We recommend keeping an injury journal were you document all injuries and medical appointments throughout the difficult process.
Burn injury lawsuits are complex and require extensive knowledge or North Carolina personal injury laws. Consulting with a personal injury is essential. If you or a loved one have suffered a serious injury in an explosion or fire, our law firm can help. Contact our law firm today to schedule your free case evaluation.