Establishing Liability in an Atlanta Burn Injury Case
When it comes to what it takes to successfully try a case, proving another party’s responsibility is a must. For victims’ attorneys in Atlanta burn injury cases, establishing liability is often done through the use of objective, hard evidence and expert witnesses. With the help of these witnesses, victims could rest assured that a team of attorneys hold your interests at the heart of a claim.
Preparing for a Case
A catastrophic-injury lawyer could prepare a burn-injury case by doing a thorough investigation into what caused the burn, such as whether it was because of a defective product. In that case, a lawyer would have a thorough testing of the product done, usually by an expert, to determine why it caused the burn or led to it. The lawyer tries to get an understanding of the extent of the damage to the person, and take photographs of the injury to document its severity in a compelling way so he or she could recover the maximum amount possible for the victim.
Admissible Evidence in a Burn Injury Case
Some of the types of evidence that a lawyer would have are statements from witnesses, including the victims. If victims were in a workplace and some equipment failed, leading to the burn, other workers who could be witnesses could be those who have evidence in support of the injury. Lawyers would also have the defect of the equipment itself through testing that was done.
The experts who test it could qualify as witnesses and talk about how the equipment failed to do what it was supposed to do to prevent the injury.
Collecting Demonstratable Evidence
An experienced burn-injury lawyer collects and presents evidence by speaking to the people who witnessed the incident that led to the burn, doing a thorough interview and an intake of the victim who suffered the burn, and securing defective equipment and making sure it is preserved. To better the odds of a favorable outcome, attorneys perform relevant testing and retain the necessary experts to do testing as to any equipment that might be defective, and they request all relevant documentation and evidence of medical records to demonstrate the burn injury and its severity. To better ensure the accuracy of medical testimony, attorneys often rely upon the use of an in-house medical professional who could attest to the extent of a victim’s injuries. Finally, attorneys often retain a photographer to take pictures that demonstrate the severity and document in a visual way the damages in terms of scarring and burns.
Establishing Fault and Responsibility
Typically, attorneys use the evidence they have collected to show that it was the defendant’s negligence or acts that led to the person’s injury. In an example of a defective product, attorneys use their evidence to establish and demonstrate that a defect in the product was the cause of the person’s injury. They often rely on expert testimony or testimony from lay witnesses that firmly establish that the injury was caused by someone else’s negligence.
The good news in Georgia is that if victims are partially responsible for their own injuries, they could still recover compensation as long as they are no more than 50% responsible. If victims are less than 50% responsible, they are able to recover a percentage equal to the percentage of negligence by the person more-responsible for the injury.
The Role of the Victim
The victim’s role is often critical in gathering or presenting the evidence. By making sure victims let attorneys know who all the potential witnesses were to the incident, and who was around them during the accident, they could aid attorneys by showing them the starting points for a case. Victims identify medical providers they received medical treatment from for the burns, such as for subsequent skin-grafting procedures or debridement.
Choosing the Right Attorney
A person seeking advice from a catastrophic-injury attorney for a burn injury should seek one or a firm with an understanding of how those injuries are often traumatizing to a person, and not just the physical part. A team of attorneys would understand the mental and emotional damage and how it has an impact on the way victims feel about themselves, how they present themselves, how it affects their relationships, and how it has an impact on their careers. Victims should look at whether the lawyer is able to present those challenges with cutting-edge technology to the other side and later to a court if necessary, to help them get as much money as possible to deal with their injuries.
Often, victims need a firm that has the resources to investigate their cases fully and retain experts who are able to test and establish any defects in the products that led to the burn injury and retain experts who could testify to the psychological and emotional components. Ideally, victims choose a firm able to retain experts to talk about PTSD related to the injuries, and who has the resources and talent to argue the case to a jury effectively and get it to award a significant amount to deal with a significant injury.
Reach Out to a Team of Caring Attorneys
When it comes to establishing liability in an Atlanta burn injury case, victims like yourself need not worry about the leg-work when you have retained the services of an experienced legal team. Attorneys bear the brunt of establishing the required degree of fault for you to recover. If you are invested in making a recovery, reach out when you are able to talk directly to a lawyer who takes calls after hours and for your free case review.