An individual could sustain serious burn injuries due to fire, electricity, radiation and other hazardous chemicals. A scalding injury can be excruciatingly painful, and it could also remove or disfigure the skin.
If you or a loved one have suffered a severe burn injury due to the negligent actions of another, it may be beneficial to seek help from a legal professional. An Evergreen Park burn injury lawyer could help you seek compensation from the party responsible for your injuries. The knowledgeable catastrophic injury attorney may also be able to answer your questions about your rights under the law, as well as the procedures of the local court system.
A claimant’s Evergreen Park burn injury lawyer bears the burden of proof in a burn injury lawsuit. They are required to prove that the defendant owed the plaintiff a duty of care and their breach of care caused the plaintiff’s harm.
To combat against claims of liability, the defense may allege that the plaintiff contributed to the accident. The State of Illinois courts follow the modified comparative negligence rules. Under 735 Illinois Compiled Statutes 5/2-1116, a plaintiff’s recovery of monetary damages depends on their percentage of fault for an accident.
If the court finds that the claimant was more than 50 percent responsible for their own injuries, they may not be eligible to recover compensation for damages. A knowledgeable Evergreen Park burn injury attorney could argue against claims of shared negligence to help claimant’s recover compensation.
Evergreen Park has safety laws in place which are meant to prevent individuals from sustaining harm.
When a severe burn victim is brought to the hospital, the health facility is required to report the injury to the Office of the State Fire Marshal, so that the fire can be investigated. Per 425 ILCS 7/5, if a person sustains second or third-degree burns over more than 10 percent of the body, the hospital personnel must report the injury.
Additionally, healthcare workers are mandated to make a verbal statement about severe burns to the upper respiratory tract. The state fire marshal may assign an investigator to determine the causes and circumstances of the fire.
Buildings that reach more than four stories high, which are not private residences, must have a fire escape method. Per 425 ILCS 15/1, the Fire Escape Act, owners of these buildings are mandated to provide one or more metallic ladders, stairs, or another approved escape method.
Under 425 ILCS 60/1, the Smoke Detector Act, buildings and dwellings, including single-family units, must have at least one functional smoke alarm in place on each story. Single-family homes must have a detector on each floor of the house, including the basement. A seasoned burn injury lawyer in Evergreen Park may raise the issue of missing fire escapes or smoke detectors during the legal proceedings.
The Fireworks Regulation Act of Illinois, 425 ILCS 30/1, requires precise storage and handling methods for pyrotechnics. These flammable items must not be stored near combustible substances nor windows where the sun shines through the glass.
Fireworks must be properly labeled so that they warn consumers and others about their dangerous tendencies. A diligent attorney in Evergreen Park may have experience handling cases involving pyrotechnic-related accidents.
If you believe your accident was caused by someone else’s careless and reckless actions, you may have a legal remedy. You may be eligible to seek compensation for a wide range of damages such as pain and suffering, mental anguish, and loss of enjoyment of life.
Schedule a consultation today with an Evergreen Park burn injury lawyer.