You might not immediately think of a burn wound as being catastrophic in the same way as spinal cord trauma or serious brain damage are, and you would be far from alone in thinking that way. Unfortunately, as experienced catastrophic injury attorneys know all too well, high-degree burns can cause permanent and debilitating harm. The unique circumstances of these cases can make it particularly difficult to pursue fair civil recovery.
Support from skilled legal counsel is always important when seeking the best possible outcome from a civil lawsuit or settlement demand, but it can be especially crucial if your claim is built around a serious burn with effects that will linger for the rest of your life. Fortunately, the tenacious legal support you need is available from an experienced Elsmere burn injury lawyer at Doroshow, Pasquale, Krawitz & Bhaya.
What Types of Accidents Can Lead to Burn Injury Claims?
One reason why many people do not take burn wounds as seriously as they should is because a lot of people do not realize just how many different circumstances can lead to someone suffering a life-altering burn. In addition to obvious hazards such as open flames or live electrical currents, burns can stem from contact with extremely hot steam or metal, exposure to caustic chemicals, or even exposure to radiation in certain working environments.
Most of the time, holding someone else legally liable for a burn injury caused by any of the hazards mentioned above entails proving that person directly caused you to get burned by violating a duty of care they owed you. For instance, they may have failed to ensure their property complied with fire safety regulations. In other situations, it may be possible to hold someone strictly liable for a burn wound without needing to prove they did anything specific to cause the injury, but there are additional requirements for these types of claims that your Elsmere attorney can explain in more detail if needed.
Getting Around Legal and Procedural Obstacles
Regardless of what kind of dangerous situation led to you being burned or what compensable damages you need to seek recovery for as a result, you generally have a maximum of two years from the date of the injury to formally start a lawsuit. Failing to abide by this statute of limitations, codified in Delaware Code Title 10, § 8119, will almost always lead to your case being dismissed as soon as it reaches a civil court, leaving you with no means of ever seeking civil recovery for that particular injury.
You should also be aware that DE Code Tit. 10, § 8132 gives courts the authority to reduce the value of your damage award, or even bar you from recovery altogether, based on whatever percentage of comparative fault the court believes you hold for causing your injury through your own misconduct. Defendants in Elsmere personal injury claims often try to abuse this rule to minimize their own liability, and working with a skilled burn injury attorney can be crucial to overcoming this tactic.
Contact an Elsmere Attorney Today To Discuss Your Burn Wound Case
Being severely burned through no fault of your own can be traumatizing and infuriating at the same time. With that said, you should do everything you can to remain calm and stay focused on enforcing your rights after being harmed in this way. The actions you take now to pursue the civil restitution you deserve could determine what the rest of your life looks like.
You have assistance available from the knowledgeable legal professionals at Doroshow, Pasquale, Krawitz & Bhaya. Call today to speak with an Elsmere burn injury lawyer about your potential claim.