What to Expect During a Burn Injury Lawsuit

Published
08/25/2024

The effects of burn injuries are severe, and they include pain, suffering, and financial loss. In case you are a victim of such an injury occasioned by another party’s negligence, then you will need to seek legal redress. A burn injury lawsuit is not a simple process and may take several steps and procedures from the initial investigations to trial. To go through these steps, it is advisable to engage the services of a burn injury solicitor. Here is a brief of what one is likely to expect when involved in a burn injury lawsuit.

Initial Consultation and Case Evaluation

The process of seeking legal remedy begins with an intake of your case by your lawyer. In this meeting, the burn injury solicitor will assess the case through documents, the details of the case, and the responsibility of the incident. This is also a good time for you to also explain the extent of your injuries, how they have affected your life and the amount of damages that you have incurred. If the solicitor feels that you have a good case, then he or she will take up your case and this signals the start of your legal process.

Filing the Complaint

The next step after your case has been taken is to file a complaint or an action in the court. This document gives a narration of the event, names the defendant, and provides a legal basis why the defendant is liable for your harm. The complaint will also outline the remedies that you are seeking such as compensation for medical expenses, lost wages and for pains and suffering. Upon the filing of the complaint at the court, the defendant will be served with a copy of the lawsuit and will be expected to file a response within a given period.

Discovery Process

After the lawsuit has been filed, both parties proceed to what is referred to as the discovery process. This is one of the most important stages of the legal proceedings where the parties involved in the case share some important information. Discovery can consist of production of documents, written questions that have to be answered on oath known as interrogatories and answering questions on oath in front of a video camera known as depositions. The aim of this phase is to collect as much information as possible to be used in the construction of the case. Other witnesses, for example, doctors or fire investigators, may also be used to give more information about the severity of your injuries or the reasons for the fire.

Pre-Trial Motions and Negotiations

However, before the case gets to the courtroom, there are pre-trial motions and even negotiations. Both the plaintiff and the defendant’s lawyers can move to strike the case, or to bar the presentation of some piece of evidence or to resolve other preliminary matters. It is at this stage also that settlement negotiations are often conducted. As is the case with many burn injury cases, most of the cases are settled out of court without reaching trial. The defendant may wish to avoid the risk of trial and may offer compensation; your solicitor will ensure that you receive a reasonable amount for your injury. If the case is resolved then this is the final stage of the lawsuit.

Court Appearances and Trial

If the settlement talks do not work or are considered inadequate, the case goes to trial. This is a stage where witnesses are called, and all the arguments are made before a judge and even the jury if there is one. Both parties will be able to give their account of the incident, call witnesses, present expert opinions and also any tangible items such as photographs of the injuries or the scene of the incident. A burn injury solicitor will advocate for your case during the trial and work towards seeing that the defendant is held responsible to the hilt and that all your losses are recovered. Once the trial is over, the judge or the jury will give their decision and if the case is won, there will be compensation to be given.

Verdict and Potential Appeals

If the court sides with you in the case, then you may be awarded damages for your injuries and other damages. This, however, may not be the final step in the legal process. The defendant has the right to appeal the decision and this will mean that the case will be taken to a higher court. Appeals can cause a person to receive compensation later and the case will take longer to be solved. On the other hand if the defendant wins, you may also decide to appeal against the verdict as well. It is always important to be ready for such a situation and consult with your solicitor to decide on the next steps to take.

Collecting Compensation

The last process after the lawsuit has been concluded and a favorable verdict or settlement has been obtained is the process of recovery. The common practice is that the defendant or their insurance provider is to issue the payment. Your solicitor will help in making sure that all the paperwork has been done and the agreed sum is received. Such compensation may be a single sum or spread over time depending on the circumstances of the case. In either of the cases, the aim is to ensure that you are compensated for the loss that you have incurred due to the burn injury.

The Emotional and Financial Impact

Litigation of burn injury cases is not only legal matters but also stress the psychological and financial aspects of a person. Although the legal system is intended to deliver justice, the process appears to be cumbersome. This can be somewhat offset by having a good and experienced burn injury solicitor who will help with the legal process and ensure that you get the compensation that you need.

Final Thoughts 

The process of seeking justice after a burn injury may not be easy, but knowing what to expect can make the journey easier. Having a qualified burn injury solicitor on your side means you will have someone who will assist you in the process before trial, during the trial, and in case of a settlement or a verdict. No matter how long the legal process may take, the goal remains the same: to look for justice and the compensation that you deserve for the injuries you have suffered.