Burn Injury Claims In The State Of Arkansas
What If I Was At Fault For The Incident Or Accident Which Caused My Burn Injury? Do I Still Have A Personal Injury Case?
Depending on the percentage of fault attributable to you because of the accident, you may still be able to have a personal injury case. In Arkansas, we have rules about Comparative Fault, sometimes referred to as Comparative Negligence.
The basic premise of the Comparative Fault rule is that you can recover your damages if you aren’t found to be 50% or more at fault. So, if your case is brought before a jury, the jury will make that fault determination.
Suppose the jury finds you, for example, 20% at fault for causing the accident, and they find that the other party is 80% at fault. Then the total award you received will be reduced by the percentage that you’re found at fault. For this example, that results in a 20% reduction in compensation.
Being at fault does not eliminate you from having a viable personal injury claim; it just depends on how much you were at fault. The key is 49% or less at fault to recover damages.
Does Insurance Coverage Matter When It Comes To My Burn Injury Case?
Insurance coverage matters a great deal in a burn injury case. As your attorneys, we always hope that the other party who caused your accident has insurance coverage. Whenever we file a claim for your personal injury, we initially make that claim with the insurance company of the party who hit you.
We will not file a personal injury claim against the responsible person unless they do not have any insurance coverage. If they do not have insurance coverage, that makes things trickier. The person who caused the accident may not have any money or assets from which you could recover damages.
So, insurance coverage is essential for the party at fault for the accident, whether you or the other person. This way, we know the policy limits and if they’re sufficient to make you whole based on the damages you received. We may need to look at your insurance coverage to see whether you have underinsured motorist coverage.
Underinsured motorist coverage allows you to recover through your car insurance if the at-fault person doesn’t have enough insurance coverage to make you whole. Insurance coverage is critical for a personal injury case involving motor vehicles.
Insurance coverage is one of the first things we start looking into whenever you retain us as your personal injury attorney. We determine who has insurance and how much insurance is available to recover compensation for your damages.
Depending On The Cause Of The Accident Or Incident Which Caused The Severe Burn Injuries, Who Could Be Potentially Liable In A Personal Injury Claim?
Determining who is liable in a personal injury claim depends on how you suffered the injury. For example, suppose you sustained burns from a car wreck. In that case, we’ll be looking at the driver of the at-fault vehicle to hold them or their insurance company liable for causing your burn injuries.
Suppose the other driver was driving for their work when they caused the accident where you were burned. In that case, the at-fault driver’s employer can be liable for your injuries through the Doctrine of Respondeat Superior.
What Are Some Of The Most Common Causes Or Situations That Lead To These Burn Injuries You See In Personal Injury Cases?
Many burn injuries come from severe motor vehicle accidents or motorcycle accidents. If you are burned in a car accident, those burns are presumably caused by fire or heat from the collision.
Burn injuries can also occur because of medical negligence. These burn injuries can happen from a doctor treating you, through the hospital where you were staying, or from receiving a different medical treatment.
With the guidance of a skilled attorney for Personal Injury Law Cases, you can rest knowing that Thurman and Flanagin will make it look easy.