If you experienced a burn injury, you might benefit from the advice and counsel of a Moncks Corner burn injury lawyer. As an experienced personal injury attorney, they could help you circumvent the complex process of representing yourself in court. They could help you negotiate your relief and help you stand up for your rights from start to finish.
Legal Theories for Recovery
Due to the wide range of possibilities that could cause a burn injury, it is helpful to look at the possible legal theories that could be available to a burn injury lawyer in Moncks Corner that could help plaintiffs seek recovery.
If someone suffers a burn injury as a result of an intentional act, they may recover damages against the responsible party by showing that they intended to cause them harm by burning them. For example, a plaintiff might sue a defendant based on a theory of assault and battery if they intentionally burned them with a lighter. The plaintiff would have to prove that the defendant not only burned them with the lighter but that they also intended to cause them harm by burning them.
Basic Negligence Theory
An ordinary negligence theory would require a plaintiff to show that the defendant breached their duty of care, causing the plaintiff to suffer compensable harm. For example, if a plaintiff is burned in a car accident, they might recover by showing that the defendant’s negligent driving caused the accident, and by extension, their burn injuries.
Res Ipsa Loquitor
A legal theory rooted in negligence, res ipsa loquitor, translated as “the thing speaks for itself,” allows plaintiffs to recover damages because the nature of the accident infers negligence regardless of the absence of evidence. In order to apply, the defendant must have exclusive control over the thing that caused the plaintiff’s injuries.
Another theory based on negligence, vicarious liability allows plaintiffs to recover damages against a defendant’s employer. Employers are vicariously liable for their employee’s negligent acts that cause burn injuries if the employee acted within the scope of their employment duties.
How Comparative Fault Could Effect Burn Injury Claims in Moncks Corner
Comparative fault allows plaintiffs to recover damages even if they were partially liable for causing the accident. However, their damages may also be limited or barred altogether depending on the jurisdiction.
South Carolina follows the 50 percent bar rule, codified under South Carolina Code §15-38-15, which states that plaintiffs 50 percent or more at fault are not allowed to recover damages. A burn injury attorney in Moncks Corner would have to provide evidence showing that the plaintiff is 49 percent or less at fault in order to seek damages, but those damages could be reduced by the percentage of fault apportioned by the court.
Consider Contacting a Moncks Corner Burn Injury Attorney Today
Determining how to move forward with your legal relief is not always an easy process. After suffering a burn injury, figuring out how to maneuver through the legal system might not be at the top of your to-do list.
But do not stress, a Moncks Corner burn injury lawyer could become a resourceful ally in your mission to get legal recovery. They could help you weigh the pros and cons within your case, and help you execute your plan for relief. Learn about the ways an attorney might be able to help your legal situation, call, and schedule a consultation now.