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A burn injury can have long-lasting implications. If your injury is the result of someone else’s negligence, you have the right to hold the liable party accountable. To do so, meet with a Rhode Island burn injury lawyer to discuss your case.
Gemma Law has more than 100 years of legal experience. Trust a Rhode Island personal injury lawyer from our team to fight to get you the compensation you deserve. Contact us today for more information.
Who Can Be Held Responsible for a Burn Injury
The party liable for your injury depends on the facts of your case. A Rhode Island burn injury attorney can identify any at-fault parties. They may encourage you to ask for compensation from any of the following parties:
- Motorist
- Property owner
- Business operator
- Landlord
- Retailer
- Employer
The Gemma Law team can answer common questions about personal injury cases. We can determine if you have grounds for a lawsuit against anyone who contributed to your burn injury. Request a free case consultation with us.
For a free legal consultation with a burn injury lawyer serving Rhode IslandCall 401.467.2300
When to File a Rhode Island Burn Injury Lawsuit
The statute of limitations for car accident cases in Rhode Island is three years. This time frame generally applies to other personal injury claims. A burn injury lawyer in Rhode Island will let you know if you are eligible to sue for damages in accordance with state law.
You may not have to submit a lawsuit to receive compensation for your injury-related losses.
For example, you suffer a burn at work and notify your employer about the incident. You may be able to get workers’ compensation benefits, and these could help you cover your medical bills and lost wages.
There are times when a liable party’s insurer could provide compensation for your losses. Consider what can happen if you suffer a burn injury on someone else’s property. In this scenario, you could get compensation from the liable party’s insurer.
Rhode Island Burn Injury Lawyer Near Me 401.467.2300
What to Request in Damages in Your Lawsuit
A burn injury attorney in Rhode Island can provide insights into how much your case is worth. They can teach you about economic and non-economic damages and which ones to request. You may be able to receive damages for many reasons, including:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment
What you ask for in damages may be less than what you receive. For instance, the defendant in your lawsuit could propose a settlement. If you approve the offer, you may get a fraction of the damages you initially sought.
Evidence You Can Use in Your Lawsuit
Saying you deserve damages is insufficient. Ultimately, the burden of proof matters in an injury claim. Your lawyer can collect evidence that may compel a judge or jury to award maximum damages, including:
- Accident scene videos and photos
- Medical records
- Witness statements
- Police reports
- Pay stubs
The defendant in your case may gather proof to use against you. Regardless, your lawyer prepares for the defendant’s argument. They consider many legal avenues to prove to the court that you are in no way at fault for your injury and should be compensated for your losses accordingly.
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Proving Negligence in Your Lawsuit
In your lawsuit, you may have to show that the defendant was negligent and their actions contributed to your burn. Your lawyer will account for negligence as they build your argument. They will look for ways to prove that the following elements of negligence were present at the time you suffered your injury:
- Duty of Care: A party had a legal obligation to avoid committing acts that could endanger you or others.
- Breach of Duty of Care: The party violated their obligation by doing something that put you or others in danger.
- Causation: The party’s actions led to your injury.
- Damages: You have incurred losses because of the party’s actions.
Your attorney understands the power of discovery relative to negligence. They may find evidence that makes it clear to a judge or jury that the defendant was negligent. If this occurs, the defendant may be inclined to offer a reasonable settlement.
How Pure Comparative Negligence Can Affect Your Case
You can request damages for a burn injury even if you are primarily responsible. This is due to Rhode Island’s pure comparative negligence statute. Based on this, a plaintiff can seek compensation from a liable party for a personal injury if they share the blame for it.
If you are 1-99% liable for your injury, you can still get damages. What you receive for compensation may be reduced by your percentage of fault. For example, if a judge or jury says you are 10% responsible for your injury, you may receive 90% of the damages you originally requested.
Your attorney can answer any questions you have about comparative negligence and other legal topics. They focus on developing an argument that explains to a judge or jury why damages should be provided. If this argument is successful, the court may have no qualms about awarding full damages.
Requesting Damages as Part of a Fatal Burn Injury Lawsuit
You do not want to think about how you and your loved ones will manage if a family member suffers a fatal burn. It can be sad and overwhelming to deal with the aftermath of a loved one’s death. A Rhode Island wrongful death lawyer will assist you in any way they can during this challenging time in your life.
If you are a parent, child, sibling, or spouse of a deceased person (decedent), you may be able to sue a liable party for damages. This also applies if you are the executor or administrator of a decedent’s estate. A wrongful death attorney can determine your eligibility for filing a lawsuit and guide you through the legal process.
No matter what happens during your litigation, your lawyer remains by your side. They can tackle legal problems before they escalate. Plus, your attorney is empathetic and caring, and they will support you with your legal matters.
Partner with a Lawyer Who Will Help You with Your Burn Injury Case
At Gemma Law, we want to empower you to recover from your burn injury. We are leaders in legal excellence and will swiftly move your injury case forward. Schedule a free case consultation with our team.
Call or text 401.467.2300 or complete a Free Case Evaluation form
