Burn injuries are not uncommon in catastrophic accidents, and they can take a significant physical and psychological toll on a victim. At Parnall Law Firm, LLC, we provide people who have suffered from this harm with the legal advocacy they need to recover damages from those responsible. Our accident attorneys represent individuals throughout the Albuquerque region who have suffered traumatic injuries, including severe burns. We provide compassionate client service, while tenaciously asserting your right to damages.
Burn Injury Lawyers Protecting the Rights of Accident Victims in Albuquerque
Burn injuries typically have a long-lasting physical, emotional, and financial impact on a victim. A person will usually require intense medical care to recover from them. Third-degree burns, for example, destroy both the outer layer of the skin and the layer beneath it. They can also cover large portions of the body, which can cause nerve damage and loss of bodily functions.
Many victims will need to undergo a number of procedures to repair and restore their skin and other functions, including:
- Skin grafting;
- Functional and cosmetic reconstructive surgery; or
- Rehabilitative care.
Burn injuries are often caused by serious accidents. Cars and trucks, for instance, can explode on impact in a crash. When an accident causes this serious type of harm, the victim can bring a personal injury claim against any party responsible for it.
Establishing The Liability of A Negligent Motorist after a Burn Accident
If you were hurt in a car crash or another preventable accident like on an oil rig or in an oilfield, you usually will use the theory of negligence to prove your case. Negligence occurs when someone’s failure to use proper care causes injuries to others. In order to prove that the defendant in your case was negligent, you would need to show duty, breach of duty, causation, and damages.
The defendant in your case must have had a legal duty to exercise care. In most cases, you will need to demonstrate that an obligation to use reasonable precautions existed. For example, motorists have to drive with the same level of care that a prudent driver would use under similar circumstances. The defendant must have breached this duty by his or her actions or omissions. A motorist, for instance, may speed excessively or drive while distracted. You then need to show how the defendant’s breach caused the accident and your injuries. It must be the factual and proximate cause of the harm, which means that the connection must be direct as well as foreseeable.
Under some circumstances, an employer may be vicariously liable if its employee harms others. A trucking company, for example, may be liable if its driver struck you. Under the doctrine of respondeat superior, you can hold an employer accountable for its employee’s negligence if the individual acted within the scope of his or her employment when the incident occurred.
Burn Injury Lawsuit: Comparative Fault and Compensation
New Mexico will consider the negligence of all the parties involved. In other words, a court may find that your own carelessness partially contributed to your injuries. You can seek damages from the defendant, but only to the extent of his or her negligence. For instance, a court may determine that another driver is 40 percent at fault and that you are 60 percent at fault for your injuries. You would potentially be able to recover up to 40 percent of your damages from the defendant.
Recoverable damages for burn injuries may include compensation for any medical care you need, including surgeries, physical therapy, and medications. You can also pursue compensation for any lost wages or loss of income, property damage, and pain and suffering.
Burn Injury Attorneys Serving Albuquerque Residents
Bert Parnall and the injury lawyers at Parnall Law Firm, LLC can help you seek damages after an accident in or around Albuquerque. We have represented victims who have suffered serious harm since 1997. We understand the severity of burn injuries and the long-term impact they can have on you and your family. We can tenaciously advocate for your right to fair compensation from those responsible for harming you. Call us today at 505-268-6500 or complete our online form to schedule a no-obligation consultation.