If you were injured because of someone else’s negligence, you could be able to recover compensation. You shouldn’t have to file your claim alone, though. A burn injury attorney in Atlanta can make sure you have a strong personal injury claim.
John Foy & Associates takes burn injuries seriously. We’re one of Atlanta’s largest personal injury firms, and we’ve helped many burn victims over the years. And because we’ve been in Atlanta for over 20 years, we’ve built strong relationships with our city’s many surgeons and specialists to treat burn victims.
As in all personal injury claims, you have the right to recover from the liable party, be it a homeowner, business owner, car manufacturer, or restaurant owner. In order to have a valid burn injury claim, the following must be true:
- The other party owed you a duty of care. This is the basic level of respect and diligence that someone has the responsibility to show others. Chances are good that the other party in your case did owe you some duty of care.
- The other party breached that dirty of care. That’s what lawyers mean when they talk about negligence.
- The other party’s negligence directly lead to your burn injuries and the damages that came along with them.
Proving liability is complicated, but not to worry–our associates are experienced with these types of cases. One of our burn injury lawyers in Atlanta will answer your phone call no matter what time or day you call. Your call is free and confidential.
How Comparative Fault Works in Georgia
Unfortunately, something else that can affect your compensation is how much fault you had in your accident. Georgia uses a rule known as “modified comparative negligence,” which states that if you were less than 50% at fault for your accident, you can still file a claim, but your payout can be reduced.
According to the Official Code of Georgia Annotated (OCGA) §51-12-33, your compensation can be docked according to the specific percentage of negligence that you showed in your accident. For example, if you stand to get $10,000 from your claim but you are 20% at fault, the money you receive could be reduced to $8,000.
That’s why, even if you’re confident that the other party caused your burns, it’s important to have a skilled burn injury attorney by your side. The other side may try to say that you had more fault than you actually did, but an experienced Atlanta burn injury lawyer will be able to prove that you deserve your whole settlement.
How Much Could You Get from a Burn Lawsuit?
Every burn injury case is different. Aside from the fact that there are different degrees of burns and various ways they can happen, your settlement will depend on the tangible damages that the accident caused. Factors that could affect your burn injury settlement include:
- How severe are your injuries are
- How expensive is your treatment is
- Whether you had to miss any work because of your accident
- How much pain and suffering did your injuries put you through
While it’s impossible to say for sure how much compensation you’ll get from your claim, an Atlanta burn injury attorney can give you a good estimate at your initial consultation.
Common Damages Awarded in an Atlanta Burn Injury Lawsuit
You have the right to recover every loss when you have suffered critical burn injuries in an incident in Atlanta. To ensure you are compensated fairly for your suffering, your attorney will need to separate your damages into categories known as economic damages and non-economic damages.
Economic damages describe your out-of-pocket monetary losses and other financial damages. Some examples could include your loss of income, loss of 401(k) or retirement savings contributions, diminished earning potential, your current and expected medical expenses, and any other monetary losses.
Non-economic damages are equally as valuable, and in some cases, more so. They do not have a financial value but instead account for how your life may have been affected by the burn injuries you endured. Some examples of non-economic damages you could recoup include:
- Emotional distress and mental anguish from the trauma of the burn accident
- Chronic pain and physical suffering associated with excruciating debridement and burn injury treatment
- Diminished quality of life
- The embarrassment associated with disfiguring skin scars
- Loss of love and companionship
- Loss of protection, advice, and comfort
- Loss of guidance and support
- Damage to your reputation
Punitive damages could be awarded as well. However, this is not a common occurrence. Punitive damages are meant to punish defendants who intentionally caused injuries or are particularly reprehensible.
For example, if the person responsible for causing your burn injuries did so through a violent attack or assault, the jury and judge may find it appropriate to award you punitive damages as a way of showing the community that they will not tolerate conduct of this nature. You can find out more about how much your burn injury claim in Atlanta could be worse when you contact our attorneys to discuss the specific circumstances of your damages and injuries.
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Georgia’s Statute of Limitations for Burn Injuries
There is a deadline, known as the statute of limitations, on all personal injury claims in the state of Georgia. According to OCGA §9-3-33, the statute of limitations for burn injury claims in Georgia is two years from the date of your accident. If you miss that deadline, you could lose your chance at any compensation.
Even though two years can seem like a long time, it’s best to act fast. Sometimes your deadline can be much shorter. To have a fair chance at getting a settlement, you should contact a personal injury lawyer in Atlanta as soon as you can.
Can You Sue If Someone Else Died from a Burn?
The answer is a resounding “Yes.” In Georgia, if another party is at fault for a relative’s death, the appropriate survivor is eligible to make a claim for the monetary value of the deceased family member. This is called the “full value of the life of the decedent.” The amount is carefully calculated based on age, education, and income potential.
We rely on economists to tabulate this. You will only have one chance to be compensated for your loss, don’t try to negotiate this on your own. Our firm’s only goal is to make sure that you are compensated as well as possible for this tragedy.
How does Your Firm Handle Burn Injury Claims in Atlanta?
Our first priority is to get you back to the best possible health. We work with Atlanta’s best plastic surgeons and expert surgeons to treat your injuries. These doctors will help us document your injuries and recovery.
Your health is our number one priority. The goal is to have the injured person reach “maximum medical recovery” or the best health you will be able to achieve after your injury. Then, and only then, can we calculate your damages.
Our top attorneys and investigators will gather evidence about liability and negligence. Because John Foy & Associates is one of Atlanta’s largest and most established personal injury law firms, we have the resources to fight as long and as aggressively as needed to win your case.
Has Your Law Firm Handled Many Burn Accident Cases?
Our Atlanta personal injury law firm has handled burn and fire cases in the more than 20 years we’ve practiced. We are fortunate enough to work with Atlanta’s many top plastic surgeons and medical experts to get you the best medical care and the best financial award possible.
We have the financial and people resources to fight for you without rushing to a settlement. Burn injuries take a long time to assess, and unpredictable complications often arise.
Talk to an Atlanta Burn Injury Attorney Today
We know how painful and expensive it can be to deal with severe burns. The Atlanta burn injury attorneys at John Foy & Associates have been helping victims turn over new pages in their lives for over 20 years.
Find out what our lawyers can do for you. Call us or contact us online for a free and confidential consultation.
Frequently Asked Questions
Here, we attempt to answer some of the most common questions we receive at our firm.
Can I Sue If I Was Burned at Work?
If you are injured on the job, you may be entitled to bring a workers’ compensation claim. You may be able to recover money for medical care and payments when you are not working. These are considered workers’ compensation cases.
At John Foy & Associates, our burn injury attorneys in Atlanta will help you negotiate the complicated procedure of getting what you deserve if you are injured at work. Work injuries are handled differently, and an attorney knows the difference. Our attorneys can review your case and explain your best option.
Can You Sue for a First-Degree Burn?
First-degree burns, by definition, are superficial. According to Medline Plus, they only affect the outer layer of your skin and are always considered minor burns. Because of that, you may think that you don’t have a valid personal injury claim if you got a first-degree burn. The truth is that, depending on what happened, you could be able to sue for a first-degree burn.
Medical bills can become very expensive, even if they’re to treat injuries from a relatively minor accident. If someone else caused your burn and you had to receive medical treatment, then you can pursue a burn injury claim.
If you’re not sure whether it’s worth suing for your burn, you can talk to a burn injury attorney in Atlanta about your case for free. At your initial consultation, your attorney will hear you out and tell you what your options are.
What Are the Most Common Accidents Involving Burn Injuries?
Any number of things can cause a burn injury, but there are certain accidents that we see more often than others. Common accidents that cause burn injuries include:
- Scalds from spilled foods and drinks, hot tap water, hot household objects such as irons, stoves, and space heaters (the most common burn injury among children under age 4 is scalding)
- House fires, which resulted in 2,500 deaths in 2010
- Vehicle crashes, including malfunctioning airbags and other equipment
- Open flames, smoke inhalation, and faulty electricity
No matter what caused your burn injuries, you can talk to a burn injury lawyer in Atlanta for free. Don’t hesitate to contact us about your accident.
How Much Could an Atlanta Burn Injury Attorney Cost?
People often have misconceptions about personal injury lawyers. Let us put your mind at rest. We don’t get paid unless you get paid, and even then, you’ll understand all along the way what our costs are. Our fees come out of a portion of your compensation.
We’ll arrange for medical care if you don’t have health insurance. After your case has settled, we will take our share out of your settlement and send the rest to you so you can move on from your accident. Plus, our initial consultations are free, so, quite frankly, you can’t afford NOT to call us.
What Are Common Complications from Burn Injuries?
Burn victims can suffer from lingering and severe complications, including:
- Infections and burned skin leaves the patient vulnerable to serious infections
- Joint and bone pain and movement limitations
- Breathing problems — often, burn victims have damaged lungs from inhaling hot air and smoke
- Chronic pain — all of the above symptoms can leave a patient living with chronic pain
These complications can be costly to treat. If someone else caused your accident, you shouldn’t have to pay for all of your own medical bills. A personal injury claim can help you heal and support yourself while you recover.
What Type of Settlement Can I Get for Burns and Scars?
A burn case is treated as a bodily injury claim, which has three components, including reasonable and necessary medical expenses, pain and suffering, and lost wages due to the accident.
We calculate a settlement cost with tangible and intangible evidence. Burn victims often must live with a lot of pain, and scarring adds another dimension of emotional and physical pain, especially for female and younger clients.