Georgia Burn Injury Claims

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Conoscienti and Ledbetter offers legal guidance on Georgia burn injury claims. Call us and learn about your rights, the claims process, and how to secure the compensation you deserve.

Blake Ledbetter Atlanta AttorneyAuthor: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter

Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on December 21, 2023.

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Navigating the Intricacies of Burn Injury Claims in Georgia

Burn injuries are not just physically debilitating; they can also lead to life-altering or fatal consequences. Recognizing the severity of such injuries, legal settlements can offer substantial relief for victims facing immense pain and soaring medical bills. This article provides an insightful overview of burn injury liability, compensation, and the legal process in Georgia, shedding light on the complexities of seeking justice.

At Conoscienti & Ledbetter, our team of skilled personal injury attorneys has the experience to handle burn injury claims in Georgia. We understand the intricacies of these cases and are dedicated to assisting our clients in pursuing the justice and compensation they deserve.

Understanding Burn Injuries and Their Impact

Severe burn injuries and fatalities stemming from various causes, like fires, extreme heat, or chemical exposure, can result in catastrophic consequences. Whether in dangerous properties, vehicle accidents, workplace incidents, or due to defective products, burn injuries can be life-altering for both adults and children. There are different types of personal injury cases where individuals may suffer severe burns. Some potential scenarios include:

Burn Injuries on Dangerous Property

Frequent occurrences in high-risk settings such as apartments, hotels, or restaurants are often attributed to negligent landlords, code violations, faulty equipment, or scalding water. Owners and managers are responsible for prioritizing safety by adhering to building codes, implementing appropriate equipment, and conducting regular inspections.

Burn Injuries in Vehicle Accidents

Motor vehicle accidents, including car crashes, truck collisions, motorcycle accidents, and boating incidents, may lead to severe burns, whether from a vehicle fire or chemical burns from hazardous materials.

Burn Injuries at Work

Workplace injuries result from electrical accidents, explosions, office fires, workplace accidents, or chemical exposure due to inadequate safety measures, insufficient training, poor maintenance, or worker fatigue.

Burn Injuries From Dangerous or Defective Products

Companies failing to design or provide warnings for their products can cause severe burn injuries, such as faulty electronic devices starting fires or defective consumer goods exposing individuals to harmful chemicals.

The Legal Framework of Burn Injury Claims in Georgia

Understanding the laws that govern personal injury claims in Georgia is crucial. They can impact your chances of getting a fair compensation. In this section, we’ll dive into the key things you need to know when filing a burn injury claim in the state.

Statute of Limitations for Filing a Claim

In Georgia, the statute of limitations for personal injury cases, including burn injuries, is two years from the date of injury as per GA Code § 9-3-33 (2019). This underscores the necessity to initiate a lawsuit within two years of sustaining burns.

The exact two-year statute of limitations applies to wrongful death cases resulting from burn injuries. However, there is an exception in Georgia law for loss-of-consortium claims. Loss of consortium refers to the loss of care and companionship experienced by a victim’s spouse due to the injuries they suffered. In this case, a burn victim’s spouse has four years to file such a personal injury claim. 

Comparative Negligence in Georgia

Georgia law (OCGA § 51-12-33) introduces the concept of comparative negligence, allowing damages awarded to an injured person to be reduced based on their percentage of fault, up to a maximum of 50%. This principle recognizes that damages can be affected by the injured party’s level of responsibility.

If the injured party is determined to be 50% or more at fault, they won’t be able to recover any compensation. On the other hand, if the injured party is found to be less than 50% at fault, they can seek punitive damages.

The Role of Negligence in Burn Injury Claims

In all personal injury cases, the burden of proof lies with you, the plaintiff. It is your attorney’s responsibility to provide sufficient evidence to demonstrate that the defendant is responsible for your burn injuries.

You can pursue a negligence claim if your burn injury occurs due to an accident. According to Georgia law, to succeed in your burn injury lawsuit, you must establish the following:

  1. The defendant owed you a specific and legally required duty of care.
  2. The defendant’s failure to fulfill this duty resulted in a breach and a failure to adequately ensure your safety.
  3. Had the breach not occurred, the accident would not have occurred.
  4. The breach of duty directly caused the injuries you sustained.

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Building a Strong Burn Injury Claim

A burn injury lawyer may collaborate with various parties to gather evidence in a burn injury case. It is common for a team of paralegals, case managers, witnesses, and investigators to thoroughly examine the accident site. 

Additionally, burn injury lawyers engage the services of professionals who can help with reconstructing the events leading up to the plaintiff’s burn injury. Some of the evidence an attorney might use to build a strong case include:

  • Photos of the accident scene

  • Medical treatment records and 

  • Witnesses’ statements.

Additionally, professional witnesses are paramount in burn accident lawsuits, particularly regarding Georgia Fire Incident Reporting. Their focused knowledge and experience directly contribute to the case, playing crucial roles in establishing liability, evaluating damages, and providing technical insights to educate the jury.

The Claims Process for Burn Injuries in Georgia

When filing a burn injury claim, essential documents such as medical records, accident scene photos, and evidence of liability must be gathered. Document your personal and economic losses, such as lost wages and future medical expenses. Before contacting the insurance company, be careful not to admit fault or provide detailed statements without consulting a burn injury attorney. They’ll help you navigate negotiations with the insurance company and guide you through filing a lawsuit if needed.

Settlements vs. Going to Trial

In most burn injury cases, you’ll likely settle out of court when you file a claim or lawsuit. Insurance companies generally want to avoid the costly and lengthy court process. By hiring an experienced burn injury attorney, you can have the upper hand in negotiating a fair settlement.

However, there are certain situations where going to court becomes necessary to ensure you get the proper financial compensation you deserve. In times like these, it’s essential to connect with a reliable law firm that will fight for your rights and stick with you until you get the fair settlement you deserve.

Get the Justice You Deserve: Take Control of Your Burn Injury Case

Experiencing a burn injury due to negligence is an arduous journey that not only takes a physical toll but also leaves emotional and financial scars. If you or someone you care about has experienced a burn injury due to someone else’s negligence, understanding your rights and taking decisive steps to seek fair compensation is essential.

At Conoscienti & Ledbetter, our experienced burn injury attorneys have a proven track record of helping burn victims get the compensation they deserve. We understand how complex these cases are and are committed to fighting for justice for the victims.

Our personalized approach to burn injury lawsuits ensures that your case gets the attention it deserves, and we always strive to provide efficient and effective legal services. Contact us today to schedule a free consultation, and let us passionately advocate for your rights in securing the compensation you truly deserve.

    Decatur Office

    (404) 328-7276
    315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030

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