According to some estimates, someone suffers a burn that’s severe enough to need medical care roughly every minute in the U.S. All too often, these injuries occur because of another party’s negligent or wrongful conduct.
For example, if a medical professional failed to realize that surgical lights were burning you during a procedure, or you experienced chemical burns from improperly used cleaning products while in the hospital, you might be eligible to file a claim for compensation. However, these types of cases are often far from straightforward.
When dealing with a burn injury sustained in a medical setting, one of the main challenges you face is ensuring that you’re compensated fairly for all of your losses. Burns can leave you with lasting health issues, so the payment you receive should be proportionate to the harm you’ve suffered.
If you try to take legal action without hiring a qualified burn injury lawyer, you could end up with only a fraction of the compensation you deserve. Read on to learn more about the challenges of burn injury claims and why it’s never a good idea to try to settle such a case on your own.
All the Legal Components of a Burn Injury Case
Proving that you’ve sustained a burn injury due to another party’s negligence requires significant evidence. Unless you have legal training, you may not know where to even begin building your case.
To prove that someone has acted negligently, you must first show that they owed you a duty of care and failed to live up to it. Medical professionals have a duty to provide care to their patients which meets the accepted standard of care, while drivers are similarly responsible for operating their vehicles safely to avoid harming other road users.
If a medical professional delivered substandard care, such as by allowing surgical lights to burn you, or another driver caused a car accident because they were intoxicated, then they have breached their duty toward you. You’ll then need to demonstrate that the breach directly led to your injuries and other losses.
None of this is simple to do, especially when you’re recovering from severe burn injuries that require ongoing medical care or have left you temporarily or permanently disabled.
If you’re unable to furnish compelling evidence to establish negligence, the at-fault party’s insurer could deny your claim. Such a result is frustrating, time-consuming, and not what you need while struggling with pain and limitation.
Why You Shouldn’t Try to Settle a Burn Injury Claim Without Legal Representation
There are several reasons why it’s vital to hire a trustworthy burn injury lawyer after suffering burns as a result of someone else’s careless or reckless actions.
You Must Address All of Your Losses
One of the most important tasks attorneys perform for their clients is calculating the damages they’re eligible to receive.
If a burn injury is severe enough to cause scarring or organ damage, for example, there will likely be extensive future medical costs to account for. Your lawyer will know how to assign a number to these expenses.
A severe burn injury could also keep you from returning to work. It may not be enough to tally up missed work days and your average salary — you might have experienced other losses, such as using up vacation or sick days or missing out on promised bonuses or promotions.
It’s always important to calculate lost wages correctly, but it’s even more crucial if you can’t go back to work. Your burn injury lawyer will be able to accurately calculate the pay and benefits you’ve lost and ensure that they’re included in your claim.
You’ll Need to Account for Non-Economic Damages
Unless you’ve gone through a similar situation before, you likely won’t know what you’re entitled to in terms of non-economic damages.
This category of compensation is meant to address losses that don’t have a clear price, such as pain and suffering and diminished quality of life. Because they’re subjective, the at-fault party’s insurance company may dispute them and seek to pay you as little as possible.
There are specific formulas used to calculate fair compensation for physical and emotional pain. Your lawyer will know how to apply them, improving your chances of receiving a fair settlement.
You Might Lack Strong Negotiation Skills
Negotiating with insurance companies isn’t for the faint of heart. Insurance adjusters are focused on making a profit for their companies and may therefore rely on numerous tactics to deny or underpay your claim. If you don’t have the necessary negotiating skills, you may not know how to respond to inadequate settlement offers.
You may also not realize that you have the option of taking your case to court if the at-fault party or their insurer refuses to make a fair offer. Insurers generally prefer to settle cases rather than risk a trial, so the threat of a lawsuit can be used as leverage — but only if you know how.
Trust an Experienced Burn Injury Lawyer With Your Claim
If you’ve sustained a burn injury because of another party’s negligence, filing a personal injury claim can give you a chance to recover your losses. However, as tempting as it may be to quickly accept the settlement offer you receive without getting lawyers involved, doing so is never the right option.
By hiring a proven burn injury lawyer, you can improve your chances of securing the compensation you need when settling.
Your attorney can explain your rights and the types of damages you’re eligible to pursue. Critically, they’ll also be able to negotiate to obtain the resources you need to recover and move forward. If all else fails, they can seek a fair resolution of your case in court.
At The Trial Law Offices of Bradley I. Kramer, M.D., Esq., we have experience not only with the legal system but also with the medical industry. This allows us to take on even the most complex medical malpractice and personal injury cases, including those involving catastrophic injuries. We are deeply familiar with both injury law and the specific nuances of medical malpractice law, giving our clients a critical advantage.
Don’t take the risk of attempting to navigate the claims process on your own. Contact our firm today to speak with a dedicated burn injury lawyer and begin building a solid case for compensation.