Suffering from a burn injury can be a painful and traumatic experience that can impact an individual’s physical, emotional, and financial wellbeing. Depending on the severity of the burn, injuries can range from first-degree burns to third-degree burns, which can cause permanent scarring or disfigurement. Burn injuries often require extensive medical treatment, including hospital stays, surgeries, and skin grafts, which can lead to exorbitant medical expenses. In addition to the physical and financial impact, burn injuries can also result in emotional trauma that can cause a victim to experience anxiety, depression, and post-traumatic stress disorder.
If you have suffered a burn injury due to the negligence of another person or entity, you may be entitled to recover damages through a personal injury lawsuit. Understanding the personal injury laws in Ohio can help you determine whether you have a viable case and how much compensation you may be eligible to receive.
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Proving Liability in a Burn Injury Case
When pursuing a personal injury case involving a burn injury, you must prove that the negligence of another individual or entity caused your injury. Negligence refers to a failure to exercise reasonable care, resulting in harm to another person. To prove negligence, you must demonstrate the following four elements:
The duty of care: The individual or entity had a legal obligation to take reasonable precautions to prevent injury to others.
Breach of duty: The individual or entity failed to fulfill their duty of care by acting or failing to act in a manner that would have prevented harm to the victim.
Causation: The individual or entity’s actions or inactions directly caused the victim’s burn injuries.
Damages: The victim suffered physical, emotional, or financial harm as a result of their burn injuries.
Types of Compensation for Burn Injuries
If you have suffered a burn injury due to the negligence of another person or entity, you may be entitled to recover damages for your losses. The following are types of compensation that may be awarded in an Ohio personal injury lawsuit:
Medical expenses: Compensation for past and future medical expenses, including hospital stays, surgeries, rehabilitation, and medications.
Lost wages: Compensation for past and future lost wages if the victim was unable to work due to their injuries.
Pain and suffering: Compensation for physical and emotional pain and suffering caused by the burn injuries.
Disfigurement and scarring: Compensation for any permanent scarring or disfigurement caused by the burn injuries.
Other damages: Additional damages, including loss of future earning capacity and loss of enjoyment of life, may also be awarded depending on the facts of the case.
Statute of Limitations
If you have suffered a burn injury due to the negligence of another person or entity, it is important to consult with an experienced personal injury attorney as soon as possible. In Ohio, you have two years from the date of the injury to file a personal injury lawsuit. Failing to file within this time frame may result in your case being dismissed, and you may be unable to recover damages for your injuries.
Comparative Negligence
Ohio follows a comparative negligence system, which means that if you are found to be partially at fault for the accident that caused your burn injuries, your compensation may be reduced by the percentage of fault assigned to you. For example, if you were awarded $100,000 in damages but were found to be 20% at fault, your compensation would be reduced by $20,000 to $80,000.
Contact an Experienced Ohio Personal Injury Attorney
If you have suffered a burn injury due to the negligence of another person or entity, it is important to seek the legal counsel of an experienced personal injury attorney. An attorney can help you evaluate the strength of your case, coordinate with medical professionals, and negotiate with insurance companies to ensure that you receive the compensation you deserve.
Remember, personal injury cases involving burn injuries can be complex and require a significant amount of time and resources to pursue. By working with an experienced attorney, you can ensure that your legal rights are protected and that you receive the compensation you need to move forward from your injuries.