Anyone who has ever accidentally touched a hot pan on the stove, been struck by a spark from a fire, or stayed out in the sun for too long knows how shocking and painful even a minor burn can be. Unfortunately, while most household burns will heal completely with nothing more than time and basic first aid, the kinds of burns that accidents stemming from “negligence” can cause often have life-altering and even life-threatening repercussions.
If you have been severely burned and believe that someone else’s misconduct is directly to blame for causing your injury, you may have grounds for a lawsuit against that person, which a seasoned Gilbert burn injury lawyer can help you pursue. At Phillips Law Group, our catastrophic injury attorneys are not afraid of litigating and are willing to take cases to court if a fair, private settlement cannot be negotiated, and we can put that kind of effort into getting you paid fairly, just like we have for thousands of people around the Phoenix metro area.
When Is It Possible to Sue Over a Burn Injury?
As is the case with most other personal injury lawsuits, getting a settlement or civil court verdict from a burn injury claim requires proving that a specific “defendant” directly caused the injury in question through their own “negligence.” In brief, someone is negligent—and may therefore hold financial liability for all ensuing “damages,” as discussed in more detail below — if they have a “duty” to act a certain way under specific circumstances, violate that duty through a specific reckless or careless act, and cause someone else to sustain physical injury as a direct consequence of that “breach of duty.”
Another thing worth noting about the theory of negligence is that it only allows claims to proceed if the person filing suit sustained an injury serious enough to require some form of professional medical care. As a Gilbert burn injury attorney can further explain, this means it is not always possible to sue over first-degree burns that will heal entirely on their own, even if they stemmed entirely and directly from someone else’s negligence.
How Comparative Fault Can Impact Recovery
Another potential obstacle to getting paid fairly for a serious burn injury in Arizona is the “pure comparative fault” system codified in Arizona Revised Statutes §12-2505. This statute allows courts to assign percentages of “comparative fault” to injured plaintiffs to indicate how much they contributed to causing their own injury through their own negligence and then to reduce the total compensation available to that person in proportion to their share of the total fault.
Fortunately, this system is not as strict as the systems enforced in many other states, as it does not prohibit people found to hold a majority of fault for their own injury from seeking at least some restitution from another person who was partially to blame for it. Still, defendants accused of causing burn injuries in Gilbert very often try to minimize their own liability by making allegations along these lines, and it can be very important to have help from a seasoned lawyer in proactively fighting back against them.
Contact a Gilbert Burn Injury Attorney for Help
Severe burns can be immensely painful in the short term, and they can cause substantial disfigurement, loss of sensation, and even loss of motor function in the long term. Put simply, they are serious injuries in almost all circumstances, and that, unfortunately, means taking effective legal action over one can be uniquely challenging.
Fortunately, you have help from the dedicated legal professionals at Phillips Law Group, who have been locally owned and operated for over 30 years. Call today to discuss your options with a member of our team and learn what a Gilbert burn injury lawyer can do for you during a free, no-obligation, initial consultation that is totally confidential.
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