Burns are some of the most painful and catastrophic injuries someone can face. Not only are they intensely painful in ways that other injuries are not, they are also prone to leaving people with permanent injuries. Sometimes, these injuries are disfiguring and can cause victims to suffer not only from the pain but from the way the injuries look.
Ken Kieklak’s hearts go out to those who have been injured by burns. Whether they are burns from fire and heat, or chemical burns, we understand our clients are facing pain, and fight to get them the financial compensation they need to cover medical bills, lost wages, and pain and suffering.
Burn Injures Can be Complicated
Fires are wild forces of nature. In some situations, it is difficult to prevent fire, let alone control or fight fire once it gets started. There are many things in the science of fires that, even until recently, were not fully understood. Even many fire experts misunderstand the way that fires are sometimes started and spread.
In the case of proving an intentional fire, such as arson, it takes a lot of scientific investigation just to prove that the other causes of a fire were ruled out, and that it had to have been arson. In the case of accidental fires, it may be more difficult than one might think to pinpoint the exact cause of the fire. Especially when evidence is destroyed by the fire, or later disposed of instead of preserved for trial, proving a fire case can become more difficult.
Even in situations where the defendant can be shown to have caused the fire, there may be legal limits as to how much damage was “foreseeable” from a fire, and whether the fire was the “proximate cause” of the injuries. Lawyers that deal with burn injuries are able to look at these tough situations, and still fiercely represent their injured clients.
How Are Burn Injuries Proven?
Most burn injuries are caused by the negligence of others, not arson. Whether it be the failure of a workplace to put in proper safeguards for heat or chemicals, the failure of an auto manufacturer to properly insulate the fuel tank from damage, or the failure of a landlord to ensure the proper function of smoke detectors, the failures of others often cause people injury.
To prove any personal injury case based on negligence, four elements must be shown:
- The defendant had a duty to the plaintiff.
- The defendant breached that duty.
- The breach caused the plaintiff harm.
- The plaintiff suffered a harm that the court can redress, often called damages.
In proving these elements, personal injury lawyers often use things like physical evidence from the fire, testimony from firefighters or other witnesses, medical records, hospital bills, and the plaintiff’s testimony.
What Compensation is Available?
Recovering from burn injuries can be extremely painful, emotionally challenging, and expensive. The last thing that you want to do when you are trying to focus on recovery from injury is think about the cost. Ken Kieklak, Attorney at law understands that, so we work to get our clients the compensation they need so they can focus on their recovery.
In the case of a burn injury, there can be many physical effects and necessary treatments. Burns can be isolated to particular areas, or cover large portions of the body. Burns often require long periods of recovery, painful skin grafts, and extended hospital stays. Because of this, the medical bills can be very high. Luckily, a defendant can be made to pay for every penny of medical bills that resulted from the injuries they caused. This means you can be fully reimbursed for medical expenses you have already paid for, as well as future medical care and procedures related to your burns.
Many burn injuries can put people out of commission for long periods of time. That means missing a lot of work, or even losing your job because of your injuries. If you have missed work or are no longer able to work because of your burn injuries, you can recover lost wages from the defendant. This includes both past and future lost wages.
The last main area of damages is those awarded for pain and suffering. Since burns are one of the most painful injuries, and generally cause a lot of suffering for burn victims, this can be the largest amount of financial compensation burn victims receive. In Arkansas, since there is no legal limit or “cap” on damages, a jury is free to award as much as it sees fit.
Fayetteville Burn Injury Lawyer Ken Kieklak Can Help You with Your Case
If you have suffered a burn injury, whether it be from fire or chemicals, and you need legal representation, call Ken Kieklak. Ken represents clients who were injured in auto accidents, work accidents, or fires in the home to get them the financial compensation they need for recovery. If you would like a consultation with Ken regarding your burns, call (479) 316-0438.