Burn Injury Lawyers in Atlanta

If you suffer burn trauma or another serious injury in Atlanta due to another person’s recklessness, carelessness, or negligence, you typically have two years from the date of the occurrence in which to bring a claim or file a personal injury lawsuit against the at-fault person or persons. If you fail to bring your claim within the proper time period, you effectively waive your right to monetary compensation for the burn injury—or for any other injury you received in the accident.

Therefore, if you or a loved one suffers a burn injury, retain an attorney to represent you in your case as soon as possible after the accident. An Atlanta burn injury lawyer can review and investigate the circumstances of your accident and determine what kind of claim should be filed on your behalf. A lawyer can then assist you with filing your claim and pursuing monetary damages for your injuries.

Burn injuries can occur in a variety of different circumstances when individuals behave in a careless or reckless manner. Whenever someone else’s negligence causes an individual to suffer a burn injury, that individual is entitled to compensation for his or her medical treatment, emotional distress, psychological trauma, lost earnings, and physical damage.

Some of the most common causes and types of burn injuries in Atlanta include the following:

• Burn injuries that result from serious motor vehicle accidents -When a serious motor vehicle accident occurs, gas, oil, and other flammable materials can cause explosions and fires—which in turn can lead to burn injuries for the accident victim(s). In many cases, motor vehicle accidents occur because of negligent or distracted driving, speeding, and/or drunk driving. If the accident victim can demonstrate that he or she suffered a burn injury in an accident that was caused by another driver’s negligence, then the accident victim may be entitled to monetary compensation for a burn injury.
• Burn injuries that result from dangerous chemicals – Chemical burn injuries can occur when a strongly acidic or basic material touches a person’s skin—in some cases, the burn goes all the way down to the bone. Although chemical burn injuries may result from a serious car accident, they are more common in factory and other workplace settings where caustic chemicals are likely to be on the premises. In cases where the necessary safety precautions are not made available to workplace employees, then a business owner may be deemed responsible for any burn injuries that a worker suffers.
• Electrical burn injuries -Working around electricity can be extremely dangerous, and an electric shock or a short circuit that is not properly controlled can lead to an electrical burn. In addition to causing damage to the surface of the accident victim’s skin, an electrical burn may also cause a worker to suffer internal damage. In some instances, a strong electrical shock may lead to cardiac arrest. Electrical burn injuries are more common in some workplaces than in others, but they are especially common in professions involved in factory work, electrical work, and construction work.
• Burn injuries that result from scalding – Scalding occurs when some type of hot liquid, such as water, comes into contact with an accident victim’s skin, causing a severe burn injury.

There are several types of claims that you may file after suffering a burn injury—either as a result of someone else’s negligence or while working on the job and within the scope of your employment. The type of claim or claims you are eligible to file following a burn injury depends largely upon how the burn injury occurred and the exact circumstances involved.

Some potential claims that an accident victim may file following a burn injury include the following:

• Claim for premises liability – An individual may file a premises liability claim or lawsuit if he or she suffered a burn injury while on someone else’s premises. The property owner’s liability depends upon whether the burn injury victim was a business invitee on the premises, a social guest, or a trespasser. Generally speaking, business invitees and social guests are owed the highest duty of care, while trespassers are owed little or no duty of care by the premises owner. If a shopper in a store suffered a burn injury because of the store owner or property manager’s negligence, then the shopper may file a claim or lawsuit for negligence against the store and/or the store owner.
• Claim for products liability – When consumers purchase a product, they expect that the product will work properly, and in the manner for which it was intended. All too often, however, products malfunction and cause the consumer injuries, including burn injuries in some cases. When a consumer suffers a burn injury because of an improperly manufactured or defectively designed product, then he or she may file a personal injury claim or lawsuit against the product manufacturer—or against anyone else who is involved in the product’s chain of distribution.
• Claim for workers’ compensation benefits – Workers’ compensation benefits are available to individuals who are injured while they are working on the job—and while working within the scope of their employment. When workers spend their days around electrical components and construction equipment, for example, they are more prone to electrocution and burn injuries than other workers. If a worker suffers a burn injury during the course of his or her employment, the worker may seek monetary benefits through the Georgia workers’ compensation program. After filing a claim, the injured worker may be eligible to recover a portion of his or her lost earnings, benefits for a temporary or permanent disability, and in some cases, vocational rehabilitation.
• Claim for personal injuries arising from a motor vehicle accident – If an individual suffers a burn injury in a motor vehicle collision, he or she may file a personal injury claim or lawsuit against the negligent driver. Drivers owe a duty to operate their vehicles on the roadway in a reasonably prudent manner at all times. This means that they must operate their vehicles within the posted speed limit, follow all traffic laws and regulations, and obey all traffic control devices which are present on the roadway. Moreover, drivers must refrain from distracted driving, such as talking on a cellular phone that is not equipped with a Bluetooth or other hands-free device. If the victim of a car or truck accident can demonstrate, by a preponderance of evidence (i.e. making it is more likely than not) that the negligent driver caused the motor vehicle collision—and that the burn injury resulted from the collision—then the accident victim may be eligible to recover monetary damages from the negligent driver (and indirectly from the negligent driver’s insurance company).

If you suffer a burn injury within the scope of your employment, you may be entitled to a variety of workers’ compensation benefits. For example, you may file a claim for lost wage benefits, permanent disability benefits (i.e. following a permanency rating by a healthcare provider), and/or vocational rehabilitation benefits, depending upon the extent of your burn injury.

If you sustain a burn injury that resulted from an accident caused by someone else’s negligence, such as a motor vehicle collision, you may pursue damages from the negligent person or persons—and indirectly from the at-fault person or entity’s insurance company.

The first step to pursuing damages for a burn injury arising from someone else’s claim is to file a personal injury claim against the at-fault person or entity. The claim begins by notifying the insurance company and submitting a demand package containing all of your medical records and bills. In many instances, insurance companies will not make a fair offer—even for serious burn injuries that a victim suffers in an accident. When that happens, the accident victim’s lawyer may need to file a personal injury lawsuit in the Georgia court system.

Throughout the process, the accident victim’s attorney will continue to negotiate with the at-fault party’s insurance company, to try and reach a favorable monetary settlement for the burn injury. In the event the insurance company still refuses to offer the accident victim fair and full compensation for his or her burn injury, then the accident victim’s lawyer may take the case to court in the Georgia court system.

When an accident victim’s lawyer files a claim for monetary damages, he or she will likely be requesting some or all of the following:

• Economic damages – Economic damages cover financial losses, like the costs associated with medical treatment and physical therapy, as well as medical procedures such as injections or surgeries. These damages are also used to reimburse a burn injury victim for lost earnings that resulted from the accident. Finally, economic damages encompass other out-of-pocket costs that the burn injury victim had to incur following his or her accident.
• Non-economic damages–  Non-economic damages include monetary compensation for all of the pain, suffering, emotional anguish, and mental distress that the accident victim suffered because of his or her burn injuries and other injuries sustained in the accident. Burn injuries can also lead to severe scarring which causes the accident victim extreme shame and embarrassment. This is also compensable, and a burn injury accident victim may file a claim for disfigurement.
• Punitive damages – Punitive damages exist to punish the at-fault party or parties for their grossly negligent or reckless behavior. Punitive damages, for example, may be available in cases where the at-fault party’s drinking and driving led to an accident in which the accident victim suffered a burn injury that left him or her disfigured.

Burn injuries are extremely serious and can impact the life of an accident victim and his or her loved ones forever. If you or someone you love has suffered a burn injury in an accident that was not your fault, or if you suffered a burn injury while you were on the job, you need experienced legal representation in your corner.

Our Atlanta burn injury attorneys can help you assemble the necessary medical documentation and pursue the benefits and damages that you deserve for your burn injury.