Charles E. Boyk Law Offices, LLC
Aside from the severe pain and substantial injuries a burn injury may cause, a burn victim could also accumulate steep medical expenses for treatment. Since handling the numerous problems that arise after sustaining a burn injury alone could be an arduous task, you may benefit from contacting a Toledo burn injury lawyer. A compassionate catastrophic injury attorney could pursue compensation on your behalf as you recover from your injuries.
A lawyer may typically begin preparing a burn injury case by meeting with the injured person and gathering all the factual information related to the injuries and the accident. A Toledo burn injury attorney may ask about the person’s lifestyle, work activities, social activities, and family activities before the burn accident occurred and then the implications after the burn. The attorney will want to obtain a complete medical history, photographs, and reports of all experts whether they are the treating doctors, trauma doctors, or a plastic surgeon. In regards to the implications on the injured person, a lawyer could get witness testimony from friends and loved one, specifically referencing the implications they have seen the burn have on the injured person’s life.
Qualifying evidence in a burn injury case may include photographs and someone verifying that the photos are fair and accurate representations of the injury. An attorney could also obtain medical records, depositions, testimony from the doctors talking about what their treatment was and what the permanency of the condition may be. The doctors could also verify to a reasonable degree of medical or psychological certainty that both the physical and psychological injuries were proximately caused by the burn injury.
An experienced Toledo burn injury lawyer could collect evidence including photos and documentation of the individual’s life before and after the accident which caused the burn injury. Many attorneys often create a video interviewing the burned individual to talk about their lifestyle, show their injuries, and interview significant others, family members, or co-workers. A lawyer’s job is to accurately portray the story of what happened. It is important to portray who the person is, what the implications of the injury are, and the future impact the injury may have from a social, economic, and emotional perspective on the rest of the person’s life.
The manner in which evidence is used to establish liability in a burn injury case could depend on the individual case. If there was a fire, an attorney could speak to fire experts and fire marshals talking about the cause of the fire, and whether there was a negligent party involved or not. A fire could also start when someone uses a product, such as a hair product, or some other product, and the product was misused or was defective. In such a case, it could be crucial to gather evidence about the standards for the use of the product, how it could have been misused, or if the product was inherently unsafe or dangerous. It may also be important to mention the standards for use are for that specific product under the FDA or whatever the applicable guidelines were, and an attorney may generally show how improper manufacturing caused the injuries in such a case.
The plaintiff is a source of information to the team of attorneys. While a plaintiff could tell their story, it is ultimately the attorney’s job to create a specific and unique game plan for each individual case. Creating a plan may involve everything from getting to know the individual and their family at a substantial level, visiting their house, talking to their friends, and visiting their work. All of these are important factors a Toledo burn injury lawyer could use to best tell an injured victim’s story.
The doctrine of comparative negligence under Ohio law is controlling, meaning if someone was deemed to be 49 percent at fault for the burn injury, they could collect 51 percent of the comparative damages. The jury is asked to determine a percentage of faults between the parties involved in the case. Comparative negligence plays the same role in burn cases as it would in a car accident or any other personal injury case. The injured person collects 100 percent minus whatever their percentage of fault was. If they were 30 percent at fault, they would collect 70 percent of the damages. However, if the individual was found to be 50 percent or more at fault for the accident, then they would not be able to recover damages.
If you have suffered an injury in a burn accident, you may be entitled to compensation. Contact a Toledo burn injury lawyer to see how an experienced attorney could help you recover the damages that you deserve. Call today to set up a consultation with a knowledgeable and compassionate legal professional.