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Aside from being extraordinarily painful, serious burns caused by someone else’s misconduct can be uniquely challenging to seek financial recovery for through civil litigation. Not every burn stemming from an accident can necessarily serve as the basis for a lawsuit, and those that do warrant a civil claim can result in varied economic and non-economic damages that often cause both short-term and long-term harm.
Fortunately, the help you might need to effectively enforce your rights is available from a seasoned Cleveland burn injury lawyer. Regardless of how your particular burn injury occurred or what specific damages it has caused you, a capable catastrophic injury attorney could provide the legal expertise and attention to detail necessary to build the strongest case possible to obtain the compensation you deserve.
Just like most other civil claims based on personal injuries, the legal principle most burn injury cases are built around is negligence. Negligence occurs when a person owes someone else a duty to act responsibly, violates said duty through irresponsible behavior, and causes another person harm. As a result, the negligent party can be held financially accountable for every negative effect that injury has on the injured individual. To meet the basic criteria for “negligence,” though, a burn injury caused by reckless or careless conduct must be severe enough to require professional medical care, which means many first-degree burns cannot serve as grounds for a claim.
Conversely, second and third-degree burns almost always require professional medical care to prevent or minimize long-term scarring and loss of sensation. These injuries often occur due to misconduct by another person leading to incidents like traffic wrecks, dangerous property conditions, and sometimes workplace accidents. A Cleveland burn injury attorney could review whether a particular situation may warrant legal action during a confidential consultation.
A comprehensive burn injury claim can demand full restitution for all economic damages and out-of-pocket expenses stemming from a serious burn, as well as up to $750,000 in non-economic losses in accordance with Tennessee Code §29-39-102. However, if a plaintiff suffers third-degree burns covering at least 40 percent of their entire body or of their face specifically, the applicable cap on non-economic damages is $1,000,000.
Furthermore, court precedent holds that a plaintiff found partially to blame for causing or exacerbating their own personal injury may be subject to a reduction in their final damage award proportional to the total amount of fault they bear for the accident their case is based on. If a plaintiff’s share of total fault equals or exceeds 50 percent, they are ineligible to recover any civil compensation.
Finally, TN Code §28-3-104 allows prospective personal injury victims just one year after sustaining harm in most situations to file suit, regardless of how severe or long-lasting the effects of their injury are. Support from an experienced lawyer can be essential to understanding these rules and ensuring they do not unfairly inhibit recovery for a burn injury in Cleveland.
Serious burns can have lasting physical, financial, and personal consequences, all of which often could have been avoided if just one other person had acted more reasonably or responsibly. If you suffered harm like this because of another person’s reckless or careless conduct, civil litigation may be crucial to protecting your future prospects and interests.
A knowledgeable Cleveland burn injury lawyer could discuss legal options and possible next steps in further detail during a private initial meeting. Schedule yours by calling today.