Why Do I Need A Lawyer If I Was Severely Burned In A Fire That Wasn’t My Fault In Virginia?
Key Highlights:
Here’s the answer to your question, “Why do I need a lawyer if I was severely burned in a fire that wasn’t my fault in Virginia?” or need fire accident attorney representation, and how such cases really play out in Virginia. Let’s rule out the things:
- Establishing fault in a fire incident is not always easy and often requires professional investigation.
- Virginia’s 1 percent fault rule may completely bar a claim, so fault plays a key role in such cases.
- Physical evidence related to a fire can disappear in just a matter of days or weeks, so it’s important to act fast.
- A serious, catastrophic injury burn is among the most devastating that a person can sustain.
- With any fire that wasn’t your fault, figuring out who will pay for your medical expenses and future care isn’t something that you should try to figure out alone.
I am Robert Tatum, a lawyer at Tatum & Atkinson Law Firm. Our law firm has been in business for over 65 years, working together to serve our clients as a burn injury lawyer Virginia relies on for help in filing a lawsuit involving catastrophic injuries from fires. We are veteran-owned and have been around since 2006.
If there ever comes a time that you need to file a personal injury claim because of a fire caused by a defective product or because of neglect, we know all about fires, liability, medical bills, lost wages, and insurance denials.
How Does Someone Get Severe Burns as a Result of the Careless Actions of Others?
If the fire resulted from the negligence of another party, the victim may be eligible for burn injury compensation. In Virginia, this could be:
- a landlord that failed to fix smoke alarms or faulty electrical wiring
- defective product fire and appliances
- a gas explosion
- electrical issues
- a chemical fire in the workplace
- or even fire after an accident involving a vehicle.
Flame or fire causes the greatest number of severe burns, according to the American Burn Association.
Why You Need a Professional Investigation To Determine Fault
The cause of the fire can be determined through a fire investigation involving fire marshals, engineers, and product safety experts, who examine the scene of the accident in order to establish its cause. In such situations, a burn injury lawyer Virginia will help preserve evidence while it is still possible.
Degrees of Burns and Why Severity Matters
Burn injuries are classified based on their degree. In third-degree burns, all layers of the skin are damaged; they can damage muscles or bones; they look charred and may feel numb, since nerve endings were destroyed; these burns do not heal by themselves and require skin grafts from a donor site.
Fourth-degree burns affect muscle, tendons, and bones. According to Johns Hopkins Medicine, a patient will need many months or even years of rehabilitation and treatment, as well as scarring and skin contractures. The deeper the burn is, the more medical expenses and burn injury compensation are needed.
The Complete Cost of a Severe Burn
The catastrophic injury of a severe burn extends well past the first bill from the hospital. A personal injury claim may include:
- the current and future medical expenses
- the burn unit stays
- graft and reconstructive surgeries
- lost wages now and in the future
- pain and suffering
- and the scars and disfigurements.
In Virginia, there are no caps on pain and suffering for a regular insurance claim, so this damage can be compensated in full.
Contributory Negligence in Virginia and the Insurance Company
In Virginia, the law of negligence applies in its pure contributory form: If even 1% of the blame is found to be yours, you recover nothing. This means there will be no apportionment of fault; comparative negligence law would not apply. The insurance company knows this and argues that the burn victim is partly at fault to deny the insurance claim altogether.
Badly Burned in a Virginia Fire? Speak to Tatum & Atkinson
If you were badly burned due to a fire that was caused by someone else, then you have undoubtedly been hurt both physically and financially. Getting an assessment of your personal injury claim is absolutely free.
Tatum & Atkinson Law Firm handles cases involving people who have suffered serious, catastrophic injury throughout the Commonwealth of Virginia, and our Virginia cases are handled out of our Cedar Bluff office that serves southwest Virginia.
The Heavy Hitters will determine how the fire occurred through fire investigation, identify the liability of those potentially responsible for the fire, and tell you whether or not your case has merit, and if not, direct you to other representation that can help.
Give us a call at (800) 529-0804 for a free initial consultation. We only get paid if we win your case.
Frequently Asked Questions!
Who may be held liable for a fire I didn’t start?
The liability depends on how the fire started. It could be a negligent landlord who did not maintain a property safely, a defective product fire or an appliance manufacturer who made a defectively designed product; a negligent driver whose car caught on fire; or a negligent contractor whose work started the fire.
What about a burn injury at work?
A workplace burn injury could open two possibilities for burn injury compensation. Workers’ compensation may provide partial wage replacement and cover medical expenses, but it will not allow you to sue the employer directly.
How long do I have to file a burn injury claim in Virginia?
You have two years from the date of your burn injury to file suit (Va. Code § 8.01-243). Missing this deadline may lead to losing the insurance claim. However, there is one more deadline you should consider: how quickly the evidence vanishes.
The insurance company made an offer; should I accept it?
Do not rush. Insurance companies make insurance claim offers early, when nobody knows the extent of the damage, and once you sign a release, you cannot ask for more burn injury compensation later. Do not give your recorded statement immediately because it will become a tool for proving that you share liability under Virginia’s 1% rule.
What will it cost me to hire a burn injury lawyer?
Nothing initially. Most burn injury lawyer Virginia cases are contingent fee cases, which means that the fire accident attorney takes a fee only in case of success and does not require any initial payment. It is especially important after a burn injury, as your medical expenses will keep growing.
