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How is Fault Determined in a Burn Injury Case in Chicago?

Being a victim of burn accidents is not easy, and you may have to deal with life-long emotional distress, permanent cosmetic disfigurement, and severe pain. In most cases, patients will need long-term medical care. For example, skin grafts require multiple surgeries since they don’t expand.

While your burns were unavoidable, the accident might have been avoidable if someone was responsible enough to act right. Personal injury attorneys at Phillips Law Offices can help you establish who the negligent party in your case is and fight for you to receive compensation.

Following your burn injuries, your body needs a lot of rest to recover from the pain and damage. The best you can do at this time is to focus on yourself and let a legal professional handle everything on your behalf.

How is the Investigation Process?

Burn injury cases in the U.S. are complicated, and the investigation process is demanding. However, a knowledgeable and experienced Illinois personal injury lawyer can gather the right experts to conduct proper investigations as soon as possible.

An origin and cause investigator, a mechanical engineer, an electrical engineer, a materials engineer, and a metallurgist may be needed at the scene, depending on the nature of the fire accident. The goal is to preserve the scene and gather enough evidence to use in claiming compensation.

How is Fault Determined in a Burn Injury Case?

Fault in a burn injury case is determined by examining who acted negligently or irresponsibly, leading to the burn, usually through evidence like witness testimony, expert opinions, and investigation reports.

Who Can Be Considered Negligent?

The main aim of prompt fire investigations is to determine whether it occurred out of preventable causes. A personal injury lawyer in Chicago, IL, could file for compensation if someone failed to adhere to the minimum occupational health and safety standards at a public, commercial, or residential space.

Duty of care can be broken down into this:

  • Employers are responsible for keeping the work environment safe
  • Landlords are required to ensure that safety equipment like smoke detectors are working well
  • Manufacturers have a duty of ensuring that their products are safe for consumers and are working properly
  • Motorists have a responsibility of staying sober and driving carefully on the road 
  • Owners of entertainment and public buildings ought to put clear paths to the exit, clearly marked doors, and a fire safety plan

How Can I Prove Negligence of Another Party?

The negligent party will probably not readily accept responsibility for their actions or lack of it. Besides, they are innocent until the judge pronounces them guilty and liable for compensation. Therefore, the victim bears the greater burden of proving the negligence.

A Breach in the Duty of Care

The first point you have to prove is that medical standards, driver responsibility, or workplace safety regulations were disregarded. The judge should be convinced that the burn did not result from your personal negligence.

Direct Causation

There has to be a direct relationship between the burn injuries you sustained and their breach of duty. You cannot be awarded compensation if the two are unrelated.

Measurable Losses

You must also prove that the burns have come with pain and suffering, lost income, medical bills, and other anticipated future expenses.

Does the Extent of Burns Correlate with Compensation?

The more severe the burn, the more you are likely to receive in compensation. Severe burns are generally more expensive to treat, and the victim endures more pain and suffering during recovery. The burns also take longer to heal, and the patient may have to forego going to work for a more extended period.

First-degree Burns

If the fire only affected the skin’s outer layer, you might have suffered a first-degree burn. Permanent scarring is rare because the damage is not severe. However, the area turns red and can be extremely painful.

Second-degree Burns

The patient may experience scarring and blisters if the burns are second-degree. It usually damages the dermis and the epidermis, which is the outer layer and the one underneath it.

Third-degree Burns

Patients who have suffered third-degree burns suffer the most because the damage runs deep to the underlying tissue, the fat layer, and the skin’s deepest layer. The injury often makes the skin appear leathery or charred.

Fourth-degree Burns

Victims often suffer nerve damage and difficulty in breathing due to damage to the bone and muscle. And if the burns are extensive, the body might have difficulties regulating its temperature.

Can My Case Be Thrown Out of Court?

The court can still throw your case out if it fails to adhere to certain strict procedures in Chicago. Even if you have already proven another party’s negligence, you may fail to reach the compensation stage. A knowledgeable attorney can help you ensure that your burn injury claim is valid.

You have to put together all the receipts related to the injury to help the judge decide on a fair amount of compensation. This includes medical bills and a form filled by your employer to indicate lost wages.

What Types of Damages Can the Negligent Party Pay?

If you have been a victim of burns injury, you know how painful and difficult the recovery process can be. Your lawyer can help you receive three types of damages depending on your unique circumstances.

Economic Damages

Economic damages should cover burn-related costs like medical bills and lost wages. The dollar value of these expenses are usually on record and are usually accompanied by paperwork.

Non-economic Damages

After the injury, you also suffer in intangible ways that only you can feel. You deserve compensation for the times you endured the loss of companionship and emotional distress.

Punitive Damages

In addition to the economic and non-economic damages, the judge can order the defendant to pay punitive damages. The attorney needs to convince the court that the party acted in gross negligence.

Talk to a Compassionate Legal Counsel for Advice

Subjecting your mind to case-related dilemmas can increase your stress levels and slow down your recovery. Leaving it to attorneys that have been handling personal injury cases like yours for years might be a good idea.

If you sustained burn injuries in Chicago, talk to a legal representative. Call us at (312) 598-0917 to start your journey towards compensation.

Also Read:

How To Prove Accident Injury

What is Considered Medical Malpractice in Illinois?

What Types of Professionals Commit Negligence or Malpractice?

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