Atlanta Burn Injury Attorney
After a serious accident, you might feel overwhelmed and uncertain about the first steps to take if you have been injured. A knowledgeable Atlanta burn injury lawyer can help advocate for your rights while you remain focused on your full recovery. If you or a member of your family has been burned in an accident, a seasoned attorney can handle your burn accident claim and provide the necessary peace of mind during this difficult time.
Burn injury victims can make a claim to recover for paid expenses and can also seek recovery for future expenses. Unfortunately, victims of burn injuries may experience life-long pain and suffering, which can increase the amount they can seek in financial recovery.
What Is the Statute of Limitations for a Burn Injury in Georgia?
In Georgia, there is a deadline to file a personal injury claim such as a burn, called the statute of limitations. Under OCGA §9-3-33, the deadline to file a claim is two years from the date of the accident – if you fail to file before this deadline, you could potentially lose any chance at accident recovery.
It is helpful to act quickly to discuss your accident with an attorney. Your burn injury attorney can help ensure you meet any relevant statute of limitation dates and help you receive the maximum recovery for any burn injuries.
What Are Some of the More Common Accidents with Burn Injuries?
Burns and scarring can occur with any type of personal injury accident. Some common accidents include:
- Scalding burns from spilled drinks and foods, boiling water, hot objects like irons, space heaters, and stoves
- Car, bus, motorcycle, or truck accidents (including equipment malfunctioning)
- House fires
- Explosions
- Faulty electricity, smoke inhalation, or open flames
In Atlanta, if someone caused your accident, they might be legally responsible for all of your personal injury damages. Burns can leave you with extensive medical bills, emotional trauma, and other types of losses.
Are There Some Common Complications with Burn Injuries?
Sometimes, following an accident, burn victims may experience lingering symptoms and complications, including the following:
- Scarring
- Infections and burned skin
- Movement limitations with joint and bone pain
- Breathing issues
- Chronic, lingering pain
Burn injuries fall into three categories:
- Third-degree burns – these are classified as catastrophic injuries when burns are over 10% or more of your body. Third-degree burns likely greatly reduce your work capabilities and can require costly treatments and long-term burn care
- Second-degree burns – these are still serious, but they involve burns under 10% of your body
- First-degree burns – typically, these are minor burns, but you might still want to pursue a legal recovery claim with these types of burns
Medical bills for treatment can mount following a burn accident, and an attorney can help advocate for the responsible party to pay for your medical bills. If you are unsure about whether it is worth it to pursue a claim for your injuries, an Atlanta burn injury attorney can discuss your case at a free initial consultation and discuss your options based on your specific case.
What Are Thermal Burns or Chemical Burns?
Two different types of burns have different causes and cause different injuries. Thermal burns typically result from an exposure to heat sources like fire, steam, hot liquids, and surfaces. Thermal burns typically cause skin damage from direct contact to the heat and the resulting damages can be superficial or subcutaneous damage of tissue.
Chemical burns happen when your skin makes contact with alkaline or acidic materials and chemicals. The injury severity depends on the length of exposure and the specific chemical type. Chemical burns can cause skin surface damage and harm skin tissue, and they can unfortunately continue to burn until the chemical is removed completely. An attorney can discuss recovery from both thermal and chemical burns with you.
Can I File a Claim for Burns After an Accident in Atlanta?
In Georgia, you must prove your burn injuries were caused by another responsible party. You can provide evidence that:
- Someone else caused your accident
- The party had a ‘duty of care’ they owed to you
- They breached the owed duty of care and were, therefore, negligent
- Your injuries were caused as a direct result of their negligence
- Your damages were incurred as a direct result of their negligence
An experienced attorney can discuss any questions you may have about proving your side of the case and can help investigate your claim. They can negotiate your claims and ensure you get just compensation for your injuries.
What Damages are Usually Awarded for an Atlanta Burn Injury Case?
You should be compensated fully and fairly for your damages. A skilled attorney can advocate for both economic and non-economic recovery.
Economic damages are intended to reimburse you for expenses, which can include:
- Medical bills
- Lost wages and income
- Rehabilitation and therapy
- Other monetary loss
Non-economic damages are intended to compensate for:
- Emotional and mental distress
- Depression
- Loss of enjoyment of life and activities
- Pain and suffering
- Any embarrassment resulting from skin scars
- Inconvenience
- Damage to your reputation
Other damages can be awarded in certain circumstances. For example, if the person (or other entity) responsible for causing your burn injuries acted with reckless disregard for your safety, then you can seek another form of monetary payment called punitive damages. This type of compensation is meant to punish the other party. An Atlanta burn injury attorney can help estimate potential recovery for your burn case.
How Does Comparative Fault Work in Atlanta, Georgia?
The amount of fault you personally had in your accident can affect your recovery. In Georgia, we follow a rule called ‘modified comparative negligence,’ which means if you were less than fifty percent at fault for causing your own accident, you are able to file a claim with the court, but your total compensation can be reduced.
Under the Official Code of Georgia Annotated (OCGA) §51-12-33, your total compensation can be reduced based on the specific percentage of fault or negligence determined in your own accident.
How Can an Atlanta Attorney Help With My Burn Accident Case?
If you are in an accident, an attorney can help:
- Examine and investigate the facts of your personal injury burn accident
- Consult with any necessary experts and create a strong case on your behalf
- Negotiate with any involved insurance companies to advocate for your financial recovery
- Argue you played no part in causing the accident
- Represent you at trial if it becomes necessary
An experienced attorney can prove invaluable when pursuing a burn injury claim.
FAQs
A: The cost to hire a burn injury attorney in Georgia depends on several factors, but many attorneys work on a contingency fee basis, so you won’t pay anything unless they win your case and get compensation for you. Some factors affecting fees include the severity of your injuries, the complex nature of your case, and whether the case goes to trial. You may find a skilled attorney important, as they can ensure you receive full compensation.
A: Typically, if you are burned while on the job, you should consider filing a workers’ compensation claim. This claim allows you to recover directly from your employer unless there are factual circumstances such as gross negligence or third-party responsibility for the burn. An Atlanta attorney experienced in handling cases like yours can discuss your individual situation and available legal options.
A: In Georgia, the time it takes to resolve a personal injury case can vary, depending on the case complexity, the severity of the victim’s injuries, and the initial steps taken to negotiate the claim. However, some personal injury cases can take even longer if there’s a backlog of Georgia cases and if the case ends up at trial. A local burn injury attorney can help estimate the time it could take for your claim to resolve.
A: A ‘major burn injury’ is a burn:
- Affecting a significant portion of someone’s body
- Located on the face, feet, hands, groin, buttocks, or over someone’s major joints
- More than 2-3 inches wide and is considered a second-degree or third-degree burn
- Extending entirely around someone’s body part
- Accompanied by an inhalation injury or
- Occurring in someone with any chronic conditions
Contact an Atlanta, Georgia, Attorney With Experience Successfully Handling Burn Accidents
Stephen LaBriola is ready to help you or a family member resolve a personal injury burn accident claim. Let him advocate on your behalf so you can stay focused on your recovery from the accident. Contact his office right away to set up a free consultation so you can start rebuilding your life following your burn injury accident.