What to Prove in a Burn Injury Lawsuit - Arlington, TX
A burn is one of the most painful and damaging types of injuries. Burns often require long-term treatment and can permanently alter a person’s way of life. As such, most burns get classified as catastrophic personal injuries.
When burn injuries were caused by another person or party’s reckless or negligent actions, injury victims have the right to pursue financial compensation for injury damages. Personal injury attorney Roger “Rocky” Walton works with burn victims in the Arlington, TX, area to hold liable parties accountable. Here he discusses the four key elements to prove in a burn injury lawsuit so that victims get the compensation they are due for their losses.
The Defendant Had a Duty of Care to the Plaintiff
Burn injury lawsuits are often based on negligence. To prove that a defendant was negligent, Rocky Walton must establish that the defendant had a duty of care to the plaintiff. Duty of care is a legal obligation that requires people to act reasonably to prevent foreseeable harm. This fundamental duty of care applies to individuals and entities, so a burn injury lawsuit can be filed against a person or a corporation, such as an employer or manufacturer.
The Defendant Breached Their Duty of Care
Establishing negligence means proving the defendant breached their duty of care to the plaintiff. A breach of duty of care is a reckless or negligent act that fails to take another’s safety into account. Breach of duty of care is proven through the presentation of evidence.
Breach of duty of care can look different in each burn injury case. In burn cases involving car accidents, Rocky Walton could demonstrate that a defendant breached their duty of care by showing they were driving recklessly. An employer could breach a duty of care by failing to provide necessary safety equipment. A manufacturer could breach a duty of care by using faulty parts in a product.
The Defendant’s Breach Was a Cause of the Plaintiff’s Injuries
Showing that a defendant breached their duty of care to the plaintiff is essential, but it is not enough to prove liability in a burn injury case. The plaintiff must also demonstrate that the breach of duty of care was a direct cause of their injuries. Using the examples from above, Rocky Walton would need to prove that reckless driving was the primary cause of the car accident. Or that an employee suffered burn injuries because their employer didn’t provide safety equipment. Or that faulty parts resulted in a defect that caused the plaintiff’s burn injuries.
The Plaintiff Suffered Losses Related to Their Injuries
The final element to prove in a burn injury lawsuit is personal losses. Burn injury victims may suffer damages such as medical expenses, lost wages, diminished wage-earning potential, and pain and suffering. Rocky Walton collects witness testimony and gathers evidence such as medical records and wage statements to prove his Arlington client’s losses.
Contact Us
If you are considering a burn injury lawsuit, you should trust your case with Roger “Rocky” Walton. He is one of the few board-certified specialist personal injury trial lawyers in Texas and is prepared to fight on your behalf for just compensation. To discuss your case with Rocky Walton, send us a message online or call our Arlington law firm at (817) 429-4299.