8/12/2023 0 Comments Burn victim lawyerWe have represented victims who have suffered serious harm since 1997. Burn Injury Attorneys Serving Albuquerque Residentsīert Parnall and the injury lawyers at Parnall Law Firm can help you seek damages after an accident in or around Albuquerque. You can also pursue compensation for any lost wages or loss of income, property damage, and pain and suffering. Recoverable damages for burn injuries may include compensation for any medical care you need, including surgeries, physical therapy, and medications. You would potentially be able to recover up to 40 percent of your damages from the defendant. For instance, a court may determine that another driver is 40 percent at fault and that you are 60 percent at fault for your injuries. ![]() You can seek damages from the defendant, but only to the extent of his or her negligence. In other words, a court may find that your own carelessness partially contributed to your injuries. ![]() New Mexico will consider the negligence of all the parties involved. Burn Injury Lawsuit: Comparative Fault and Compensation Under the doctrine of respondeat superior, you can hold an employer accountable for its employee’s negligence if the individual acted within the scope of his or her employment when the incident occurred. A trucking company, for example, may be liable if its driver struck you. Under some circumstances, an employer may be vicariously liable if its employee harms others. It must be the factual and proximate cause of the harm, which means that the connection must be direct as well as foreseeable. You then need to show how the defendant’s breach caused the accident and your injuries. A motorist, for instance, may speed excessively or drive while distracted. The defendant must have breached this duty by his or her actions or omissions. For example, motorists have to drive with the same level of care that a prudent driver would use under similar circumstances. In most cases, you will need to demonstrate that an obligation to use reasonable precautions existed. The defendant in your case must have had a legal duty to exercise care. In order to prove that the defendant in your case was negligent, you would need to show duty, breach of duty, causation, and damages. Negligence occurs when someone’s failure to use proper care causes injuries to others. ![]() If you were hurt in a car crash or another preventable accident like on an oil rig or in an oilfield, you usually will use the theory of negligence to prove your case. Establishing The Liability of A Negligent Motorist after a Burn Accident When an accident causes this serious type of harm, the victim can bring a personal injury claim against any party responsible for it. Cars and trucks, for instance, can explode on impact in a crash.
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