Burn Injury Attorney in Evansville

Burn injuries happen daily, some minor and some quite severe. Sometimes accidents happen and there’s no one to blame. Sometimes, though, there is a responsible party that can be held accountable for your injuries. Some of the most common situations that lead to burn-related claims and lawsuits include the following:

Work-Related Accidents

Burn injuries are incredibly common work-related accidents. Some of the most common burn injuries occur in factories and on construction sites, caused by chemicals, defective machinery, and electrical issues. If you were injured at work, you may be entitled to collect workers’ compensation benefits as a result.

Workers’ Compensation in Indiana

In Indiana, almost all employers must provide workers’ compensation to their employees, regardless of the number of people employed. Workers’ comp applies to full-time employees, executives, those working outside of the state as long as they have an Indiana working relationship, part-time employees, minor employees, and even some student workers.

There are some exceptions to the workers’ compensation requirements. The following types of employees are not necessarily entitled to worker’s compensation insurance through their employer:

• Railroad workers covered under the Federal Employees Liability Act
• Employees engaged in interstate commerce who have access to alternative programs, such as seamen and longshoremen
• Independent contractors
• Volunteers
• Some local police officers and firefighters
• Household workers
• Agricultural workers

No-Fault System

Workers’ compensation operates as a no-fault system, meaning it doesn’t matter if you were responsible or partially responsible for the injuries you suffered. If you’re eligible for benefits, you can receive costs for medical expenses and other compensation depending on how serious your injury is and how long you will be out of work.

In limited circumstances, you can’t collect benefits if you were responsible for your injuries. Examples include if you were injured while under the influence, while horseplaying at work, or while in a fight that you started.

Deadlines

It’s crucial to file your workers’ compensation claim within the specified timeframe. Otherwise, you will lose out on the ability to collect any financial compensation. In Indiana, you must file your workers’ compensation claim within two years of the date of your incident.

It’s just as important to note that you must report your injury to your employer within 30 days of the incident. If you fail to do this, your claim will be denied.

Defective Products

Burn injuries often occur as a result of defective products. Common products that can lead to serious burns include heated blankets, electric heaters, kitchen appliances, battery-operated items such as electric scooters and hoverboards, vaping devices and e-cigarettes, car brakes and other car parts, and more. If you are the victim of a burn injury due to a defective product, you should speak with Evansville, In burn injury lawyers as soon as possible. You may be able to file a product liability claim to recover financial compensation.

Product Liability Claim

To file a successful product liability claim, there are certain elements that must be proven to show that someone else should be held responsible for your injuries. In some cases, the manufacturer of the product could be liable, and in others, it might be the retailer selling the product – or both. The responsible party will depend on the circumstances.

3 Types of Product Liability Claims

There are 3 different types of product liability claims: manufacturing defect, design defect, or failure to warn. A manufacturing defect occurs when there is a problem with the actual manufacturing of the product. Had the product been built according to plan, there wouldn’t have been a problem. A design defect, on the other hand, occurs when there is a defect with the actual design. The product is manufactured exactly how it is supposed to be, according to the design, but because the design was inherently defective and made the product unsafe, all products created from that design will be defective. A failure to warn occurs when a retailer or manufacturer knows of dangers that can be reasonably anticipated with the use of their product, but they fail to warn the public of these possibilities.

Strict Liability vs. Negligence

In some product liability claims, the defendant will be held strictly liable, meaning the only elements that need to be proven are that the product was sold in an unreasonably dangerous condition, this condition existed when the product left the manufacturer’s control, and the dangerous condition caused the plaintiff’s injuries. It doesn’t have to be shown that the manufacturer was negligent in any way or intended harm.

In a product liability claim based on negligence, more has to be shown; there must be proof that the manufacturer was negligent.

If you were injured and suffered burns because of someone else’s negligence, you may be able to file a personal injury claim based on that party’s negligence. This most often occurs with car accidents, where burn injuries are quite common.

Negligence

If you were in a car accident and believe the other party was at fault, you must prove that they were negligent in order to be successful. Specifically, you must prove the following elements.

• Duty of Care. You must first show that the defendant owed you a duty of care. This is usually the easiest element to prove, as all drivers in Indiana have the duty to take reasonable measures to keep other drivers on the road safe and to avoid engaging in dangerous behaviors.
• Breach of Duty. Next, you must prove that the defendant breached this duty of care. This is most often done by showing that the defendant was engaged in distracting and/or illegal behavior, such as speeding, texting while driving, driving under the influence, or anything else that might take their attention away from the road.
• Injuries. You must also prove that you suffered injuries. If the defendant was negligent and caused the accident but you weren’t harmed in any way—physically, emotionally, or financially—then you won’t be successful in a personal injury claim.
• Causation. Finally, you must prove that the defendant’s breach of duty caused the accident and the injuries you suffered.

All attorneys operate differently in terms of cost and payment options, but the majority of burn injury attorneys are compensated on a contingency fee basis. This means that their fee is contingent upon them winning or settling your case; they only get paid if you get paid. Once the case is won or settled, your attorney will take a percentage of your financial award, typically between 30 and 40 percent. While this might sound like a lot, it’s important to realize that you have no financial risk in initiating a claim; that all falls on the lawyer. If your attorney spends tens or hundreds of hours on your claim and isn’t successful, they don’t get paid, and you haven’t had to pay anything up front. This allows all people to have access to quality legal representation, even if they don’t have the finances to pay for it out of pocket.

If you wish to file a personal injury claim due to burn injuries, you may be under the impression that you are unable to do so if you were partially at fault for the incident or your injuries. Fortunately, this is not the case in Indiana. Indiana personal injury claims are governed by modified comparative negligence. Under state law, you can collect compensation through a personal injury lawsuit as long as you were less than 51 percent at fault for the accident. Once your percentage of responsibility is determined, your financial award will be reduced by that percentage. For example, if it is determined that you were 20 percent responsible and you were awarded $100,000, you will take home 80 percent, or $80,000.

Burn injuries are serious and should never be taken lightly. If you were injured and believe you may be entitled to compensation, there’s a long road ahead of you. One challenge that you will face after your accident is gathering evidence and preparing your burn injury case. This is where we come in. As experienced Evansville, IN burn injury lawyers, the attorneys at Morgan & Morgan can support you in this process every step of the way. We will help you obtain medical records, gather evidence such as video footage or witness statements, and file any relevant claims. We will do everything we can to ensure you receive the compensation you’re entitled to. We have been handling burn injury cases for decades and are experienced in workers’ compensation claims, product liability claims, negligence claims, and more. Contact Morgan & Morgan today to schedule a free consultation.