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If you or a loved one has suffered a burn injury caused by someone else’s negligence, you don’t have to face the aftermath alone. From thermal and chemical burns to electrical and radiation injuries, our lawyers have the experience and resources to pursue the justice and compensation you need. Contact us to speak with a San Jose burn injury lawyer today.
A severe burn injury can be extremely painful and disfiguring and, in the worst cases, can leave you with a permanent disability. If you’ve suffered a burn injury due to another party’s negligence, you are entitled to compensation under the law.
The San Jose burn personal injury lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys, represent burn injury victims on a contingency basis. That means you don’t have to pay out of pocket for representation by an experienced burn injury lawyer. Call today for a free consultation and immediate representation.
The following is a brief overview of the types and classifications of burn injuries. If you’ve been burned in an accident, your physician will use these terms to classify your injuries.
The medical and legal community classifies burns in terms of severity. It’s helpful to refer to the following schematic of the human skin for the purpose of burn classification.
It is possible to be diagnosed with different levels of burn injuries from the same accident. For example, in some burn injury cases, the victim has third-degree burns near their hands and forearms and second-degree burns on their face and chest. This might indicate that the arms were closer to a thermal energy source than the body and face.
If you have suffered a burn injury, your primary concern should be to seek immediate medical attention. If the burns are left untreated, you can suffer from serious complications like infection, nerve damage, and scarring. For minor burns, the doctor will likely administer first aid, such as cleaning and dressing the burn, and prescribe pain management medications. For more serious burns, you may have to get a fluid replacement, skin grafts, and other more advanced medical procedures.
You need to follow medical advice by adhering to your treatment plan. If you get treatment for the burns, keep records of all the medical documents, including doctor’s notes and prescriptions. These documents are useful in burn injury claims.
Another key step to take in the immediate aftermath of the burn injury is to notify the authorities. For example, if the incident occurred at the workplace, you must notify your employers as soon as possible. You may need to file an incident report with your employer. If possible, document the scene and gather readily available evidence such as photos of what caused you to suffer the burn injuries.
Burn injury cases can be complex, especially if there are liability disputes or serious injuries. Engage a burn injury attorney as early as possible so they can provide you with timely legal advice. Burn injury lawyers can help you understand your rights and gather evidence to build a strong case.
In order to obtain compensation from the liable party, a San Jose burn injury lawyer will attempt to determine if the following four elements exist:
Did the defendant have a responsibility for the safety of the other party? For example, did a restaurant properly put the lid on and package scalding hot soup for a to-go order?
A burn injury lawyer must prove that the defendant breached their duty of care. In the above example, a breach would occur if the lid was improperly secured or if the packing was not sufficient to protect against spills.
In order for there to be a viable personal injury claim, the defendant’s breach of duty must have caused the accident. Did the soup spill because of the lid not being secured, or did the patron try to eat from the container while driving and spill the soup when driving over a bump in the road.
Plaintiffs can claim for medical bills arising from surgical procedures and other medical care, lost income from missing work, physical pain, and emotional trauma from permanent scarring and hair loss that was caused by the defendant’s negligence.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.