The Elements of a Burn Injury Lawsuit
Experienced Attorney Serving Nationwide
The facts are what will determine the elements when it comes to a burn
injury lawsuit. The majority of lawsuits for
burn injuries will be based upon the theory of negligence. Negligence is when either
the inactions or careless actions of another lead to the burn injury.
There are four elements that determine negligence, which are:
- A Breach of That Duty
- Proximate or Direct Cause of the Injuries
- The Injury Itself
Every one of the four elements listed above has to be proven in court by
what’s called a preponderance of the evidence. For example, if the
burn personal injury lawsuit is attributable to a product that was recalled
as being defective and caused the burn, the case would be one based strictly
on liability, meaning that the cause has already been considered as proven.
If the burn injury is one that led to the death of the injured person,
then it will become a wrongful death case.
For example, let’s say that an owner for an apartment complex didn’t
repair any of the smoke alarms in the complex. The owners of an apartment
complex have a duty to completely maintain their building, including the
smoke alarms. Say there was a fire and there were both deaths and injuries.
At this point those parties and the family of those that passed would
have the ability to file a personal burn injury lawsuit and wrongful death
lawsuit respectively as the owner of the apartment complex breached their
duty of maintaining their complex.
Often, a personal burn injury lawsuit will require the testimony of an
expert witness. Some of the types of expert witnesses that might need
to be called at trial would be:
- Biomedical Engineers
- Medical Doctors
- Biomedical Professionals
The Doan Law Firm has the necessary resources in order to get the expert witnesses needed
for the trial and the necessary
visuals to make sure that the testimony comes “alive” in court.
Additionally, our firm understands all of the science behind burn injury
lawsuits and has successfully won at trial using a complex and scientific
based testimony of the expert witnesses in pretrial motions, in court
and throughout negotiation settlements.
Collectively, our lawyers have decades of experience with burn lawsuits
and you can
contact one of our experienced lawyers 24/7/365 ready and willing to provide a
free consultation regarding the potential for you to file a burn injury
lawsuit. Call now at (800) 349-0000.