Catastrophic injury cases can be difficult to pursue for a variety of reasons. Burn injuries, in particular, provide a challenge because typically the conditions that caused it are gone – a fire has been put out, scalding water has been cooled down, et cetera. However, a skilled burn injury attorney could prepare the necessary information to argue the case before a local court, and possibly recover damages for you. Reach out to learn about preparing a burn injury case in Atlanta.
Collecting All Evidence
A person who suffered a burn injury should seek legal advice from an attorney who has experience dealing with various types of burns, who has the resources available to mount a successful case, and who expresses compassion in their client’s story.
The first step a lawyer should take in preparing a burn injury is to collect evidence and learn what caused the burn. For example, if it was a hot water burn, they may find an expert to test how hot the water was. They can also prepare the medical aspects of the case by collecting medical records. Once the cause of injury is determined, there may be need for a life-care plan to determine which surgeries or treatments will be necessary in the future.
What is Some Qualifying Evidence in a Burn Injury?
Evidence in a burn injury case can be as simple as photographs of the burn itself, but can also include medical records and hospital bills, as well as information about how the burn was caused. A burn from hot water might require data about the temperature of the water; a work fire might include a report about how it was caused and the destruction it did to the site.
An experienced lawyer can collect evidence that the victim is able to provide but they could also go to the scene of the accident to preserve as much evidence as exists there. That could include taking photographs or temperature readings. They will then compile all of the evidence to produce the best possible argument in the event of a trial. Part of that evidence might also include the plaintiff’s testimony of the event.
Determining Comparative Negligence
One of the most critical points of contention in a personal injury case is the establishment of negligence. The plaintiff’s attorney must prove that the injured party showed reasonable care in the moment when the injury occurred and that the defendant showed unreasonable care or otherwise breached a duty of care that existed. For example, a work site should have proper fire safety protocols in place for their employees, and an apartment building must ensure that the water they provide to their tenants is kept to acceptable temperatures.
Georgia is a comparative fault state, meaning that if an injured person is determined to be 50 percent or more at fault, they cannot recover damages for that injury. When a person sustains a burn injury, it is important for a lawyer to determine whether the injured person had any role in causing the burn. If someone put their hand on a hot stove and did not remove it, they are more likely to be at fault for their own injury than whoever was operating the stove.
If there is some degree of fault on the part of the injured person, this does not mean that there is no case. They should still contact an experienced attorney in the area to assess the validity of their case.
How Does a Person with a Burn Injury Obtain a Long-Term Life Insurance Plan?
Part of the preparation of the case could include setting up the injured person for the future. Attorneys who work in personal injury law enjoy the benefit of having worked with many different companies over the years and could attempt to use their connections to help the injured person acquire a long-term life insurance claim. Through those connections, it is possible that they could advocate for that person even if the company is initially reluctant to provide insurance to a person who has sustained major burns.
Companies selling life or health insurance should not preclude someone who suffered a burn injury from getting that insurance since it is considered a pre-existing condition.
Let an Attorney Help With Preparing a Burn Injury Case in Atlanta
Between gathering evidence and establishing negligence, an attorney has many things to consider when preparing for a burn injury case. Perhaps the most important thing is to establish a strong line of communication with the plaintiff and act as a support system. If you suffered severe burns, place a call to us immediately to learn more about your legal options.