Accident victims could sustain burn injuries in a variety of ways. Common examples include work accidents, car crashes, fires, explosions, defective products, electrocutions, and other circumstances.
You rely on your doctors and therapists to help you return to the best health possible after such incidents. You could also rely on an experienced catastrophic injury attorney to assist you in getting the compensation you need to restore your quality of life. No matter how you sustained your burn injury, a compassionate Boston burn injury lawyer may be able to help you recover compensation for your damages.
Factors in Defendant Negligence and Liability
To effectively pursue compensation on a victim’s behalf, a Boston burn injury attorney must be able to demonstrate that all four major elements of legal negligence are present in the case. Without establishing each factor, a lawsuit may not be viable.
Duty and Breach of Duty
First, the defendant must owe the plaintiff a duty of care. In a car wreck case, for example, this could be the duty to drive with reasonable care. An attorney must then show that the defendant breached that duty by not acting as reasonably as they should have under the circumstances. In a workplace accident, an injured worker is entitled to workers’ compensation benefits regardless of fault as long as the workplace accident happened during the course of the employee’s work.
Proximate Causation of Damages
Proving that the defendant did not fulfill his or her duty is not enough to get compensation for a victim. A plaintiff—or his or her legal counsel—must establish that the defendant’s negligence caused their injuries. The lawyer may also show that the injuries caused compensable damages such as lost income, medical expenses, and pain and suffering.
The Defense of Plaintiff Liability
A defense attorney may argue that the plaintiff is at least partially responsible for his or her own injuries, which is called comparative negligence. By doing this, he or she may be able to reduce the amount that the defendant would owe the plaintiff under Massachusetts General Laws Ch. 231 §85.
When this defense is raised, a civil court would take under consideration which parties are at fault and to what degree. If the court determines that the plaintiff is liable, he or she could still recover if he or she is 50 percent or less at fault, but his or her compensation would be reduced by the percentage of fault he or she bears. If he or she is 51 percent or more at fault, the law would bar him or her from recovery.
Do Boston Burn Injury Cases Settle?
It is common for burn injury cases to settle out of court. Each side may consider factors such as plaintiff liability, the credibility of witnesses, and the totality of circumstances to determine if they should settle and what a fair settlement may be.
Settlements could be a favorable option as opposed to going to court. With assistance from a burn injury lawyer in Boston, settlements may be resolved more quickly than a court proceeding and potentially reduce the overall costs of the lawsuit.
Get in Touch with a Boston Burn Injury Attorney Today
Burns are one of the more painful injuries one can sustain. Extensive and severe burns may affect tendons, muscles, and other tissues. Complications such as infections and scarring are also common which could increase the damages in a lawsuit.
If you are enduring a burn injury caused by the negligence of another party, a Boston burn injury lawyer could help you pursue justice. Call today to schedule your case consultation.