Seek Legal Help from An Experienced Burn Injury Lawyer in Philadelphia
If you have been involved in a burn injury accident, talk to an experienced Philadelphia burn injury attorney of The Law Offices of Samuel Fishman. Samuel Fishman is a reputed lawyer with more than two decades of experience. He is assisting injury claimants since 1995. He and his team can effectively help you file a strong burn injury claim and win fair compensation for every loss. Call (215)-464-4600 and book your first free consultation session today.
The burn injury lawyers at The Law Offices of Samuel Fishman has in-depth knowledge of the Tort Law and can help claimants achieve results. Due to decades of experience, we can customize a unique legal strategy to win your burn injury case.
The skin is the largest organ of the body and plays the crucial role of protecting the nerves, muscles, bones, and vital organs. This is why burns can have a devastating toll on the body. Depending on the burn’s severity and location, a burn injury can lead to excruciating pain and decreased ability to function. A severe burn injury can even result in death.
Every Burn Injury Case is different
Suppose a burn injury has been caused due to someone else’s negligence. In that case, they can potentially be sued for compensation with the help of a Burn Injury Lawyer that Philadelphia residents have trusted for decades.
The amount of compensation that you could receive for the damage depends on several factors. The compensation is typically increased if the injury victim has suffered particularly excruciating pain. While deliberating a verdict, the jury will consider factors such as:
- The severity and location of the injury
- The financial limitation of the responsible party
- The intent of the responsible party behind causing the injury
Receiving the fair and full compensation that you deserve is not always easy. You may potentially have to file multiple lawsuits, fill out endless forms, and give multiple testimonies to medical experts in court. While filing a lawsuit for a burn injury, it is always wise to hire a reliable and trustworthy Burn Injury lawyer. An experienced Burn Injury Lawyer understands the law very well and can help you receive the maximum amount of compensation for your claim.
Taking the First Steps:
The first step to receiving burn injury compensation is to file the lawsuit against the responsible party. Much like any other personal injury case, you and your Philadelphia Burn Injury Lawyer will need to start accumulating substantial evidence that shows that the burn was the fault of the accused.
Informing your attorney of all the details of the injury, including where, when, and how it happened. Please come prepared with a list of questions and concerns that you want to talk to your attorney about so you can get the best service possible.
It is always better to consult an experienced Philadelphia Burn Injury Lawyer before filing a lawsuit. Even if you have already filed a claim, you can still talk to our attorneys to know your best legal options moving forward.
What Can be Proved in a Burn Injury Lawsuit:
- Negligence of the Owner:
A burn injury attorney can help the victim file a lawsuit against the person who is responsible for the safety of the employees or workers. If you have sustained injuries because of your workplace or organization’s negligence, then the owner owes you a duty of care and should be held responsible for their actions.
- Lack of Cautionary Measures:
A burn injury attorney can help you file a lawsuit based on a lack of cautionary measures in your workplace. The accused has breached their duty of care if they have not made their employee aware of the danger they could potentially experience in the workplace, such as handling highly flammable and combustible materials or having inadequate fire safety protocols.
- OSHA Violation
Suppose the employer has failed to abide by the Occupational Safety and Health Administration’s rules and regulations, also known as OSHA. In that case, the jury will ask for compensation for the victim.
Factors in the Amount of Compensation:
- Area of injury:
In a burn injury lawsuit, the area of the injury will affect the compensation amount. An injury to the face will get more compensation than an injury to the hand, even if the injuries are the same size. Also, an injury that can be more easily hidden will typically receive less compensation than a highly visible injury.
- Role of the victim:
Apart from the injury area, the jury will also consider the role of the victim in the accident as well. If the jury considers than the accident was avoidable by the victim, then they may lower the compensation amount. The jury may even rule out a reward entirely if it finds that the victim was responsible for the accident.
- Material that caused the harm:
The compensation amount will also be dependent on the material which caused harm. Some of the most common causes of burn injuries in the workplace are the use of flammable materials, defective industrial equipment, and common accidents. Burn injuries can also be caused by defective architecture, such as structural instability, faulty wiring, or gas explosions. Still, other causes can occur in a personal setting, such as defective household products and automobile crashes.
What Will My Compensation Amount Be?
As previously mentioned, the compensation amount that you will receive is dependent on several factors, such as:
- The cost of your medical bills from before and after the burn injury.
- The income you lost because of the injury, as well the income you will lose in the foreseeable future.
- The pain and suffering you are going through because of the injury.
If your injury was an accident, the amount of compensation you can receive is determined according to the courts’ compensation rule book for burn accidents. However, if the injury was caused deliberately, there is no limitation of the compensation amount you can recover.
In addition to monetary compensation, the defendant may even be asked to provide the victim with other forms of compensation. This may include permanent employment in an organization without exposure to a dangerous environment.
What If the Injury Results in the Death of the Victim?
In some cases, the victim may succumb to their injuries, and the burn injury will become fatal. The statute of limitations for filing a case in the court against the defendant is two years from the date of death.
- In fatal cases, the court will ask those close to the victim to gather substantial evidence against the defendant. If the victim has no one who can represent them in court, the court will find a personal representative.
- Not everyone can receive compensation on behalf of the victim. Only a few selective representatives can recover the damages for death. If the victim is an adult, they can be represented by their spouse, adult children, minor children (accompanied by a legal representative), or the parents (if no other survivors). If the victim is a minor, they must be represented by their parents or guardians.
- The victim’s survivors can ask the court for compensation for the cost of the damages, financial burdens, and mental trauma that they are facing because of the accident. While deciding the deceased victim’s compensation amount, the court will consider several factors, such as the amount of loss caused to the descendant because of the victims.
Suppose the victim was the sole earner of a family. In that case, the court may ask the defendant to provide financial compensation to each member of the family and provide employment compensation to an adult.
Contact An Experienced Burn Injury Attorney to seek benefits
When you hire a Philadelphia Burn Injury Attorney, you will make a solid case that will help you receive the maximum amount of compensation for your loss. The Law Offices of Samuel Fishman has years of experience and can handle personal injury claims excellently. Extended legal steps by our lawyers help in winning the burn injury claim without any hassle.
Book your first free consultation at 215-464-4600!