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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:

  1. Duty
  2. A Breach of That Duty
  3. Proximate or Direct Cause of the Injuries
  4. 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.

Expert Witnesses

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.

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Contact an Experienced Personal Injury Lawyer

  1. After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.
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