Elkins Burn Injury Lawyer
Burn injuries mostly heal after a period of intense pain and suffering, but physical, mental, and emotional scarring may last a lifetime. There are many complications with burn injuries, and a victim may need to undergo several rounds of surgeries, reconstruction, and rehabilitation, and these procedures can be very costly.
In some instances, the victim is not the one at fault for their own injury. If you have experienced severe burn injuries caused by another person, you could be entitled to compensation from the responsible party and their insurance company.
An Elkins burn injury lawyer can serve as an advocate for you to pursue just compensation. Experienced personal injury attorneys are ready to file a lawsuit and provide counsel to you and your family throughout the case.
Common Causes of Burn Injuries
Burn injuries are quite common in West Virginia and range from first degree burns, indicative of the swelling of the outermost layer of skin, to third-degree, which affect deep into the muscle and bone. Common causes of burn injuries:
- Fires or explosions at home or work
- Vehicle collisions and airbag deployment
- Auto fires and gas tank explosions
- Mine incidents and explosions
- Grill and appliance accidents
- Chemical or electrical accidents
- E-cigarette use
The Road to Recovery is Long and Expensive
Burn injuries can result in several rounds of surgeries, including skin grafts and reconstructive surgeries. Due to the damage to the protective skin layer, there can be many complications and infections. The medical expenses may pile up as the injured person deals with these surgeries, as well as psychological counseling and mental anguish from the disfigurement and scarring.
Someone needs to pay for these costs, which can reach into the millions of dollars in severe cases, but it should not be the injured person if they were not at fault for the accident. Those who have suffered such horrific injuries and are trying to get their lives back together should not bear the additional burden of paying for someone else’s negligence. A local legal representative could help start the filing process so that those who have been injured in a burn accident can focus on healing.
Process for Filing a Claim in Elkins
Under Article 7 of Chapter 55 of the West Virginia Code, plaintiffs have a two-year window to file a claim. To prove their claim, the plaintiff must generally show that the defendant breached a duty of care owed to the injured person and that the breach caused injuries and for the victim to suffer damages.
Duty and Breach
There are many parties could potentially be responsible for an accident that results in a burn injury and determining liability depends on the specific facts involved, including the activity being performed:
- Business or Employer – If the negligence of a company, including an employer, caused a person’s burn injury accident, the company can be held responsible.
- Product Liability – If faulty wiring or other product defect causes fire or steam to burn someone, the manufacturer or operator of that equipment can be held liable.
- Hospital and Medical Professionals – There can be significant costs and suffering as a result of medical complications due to negligence.
In West Virginia, a plaintiff cannot hold a person liable for the portion of the accident for which the plaintiff was at fault – if the defendant was only 70% at fault, the plaintiff could only hold them liable for 70% of their damages. A burn injury representative in Elkins can launch a comprehensive investigation to determine how an accident happened and who should be held responsible.
Contact an Elkins Burn Injury Attorney for a Consultation Today
If you have suffered burn injuries and someone else’s negligence was responsible, you owe it to yourself to seek compensation. Speak with an Elkins burn injury lawyer today to determine if you have a personal injury case. They could be an ally on your side that fights for the compensation you deserve.