It’s estimated that 3,500 people die from burns every year – a horrible statistic for sure. Burn injuries can take place for a number of different reasons, including the carelessness of a person or a company. No amount of money, of course, will ever replace the devastating loss of a loved one due to death caused by burns. However, compensation can help the surviving family members achieve justice and also receive the money needed to help offset the financial contributions of those who have passed away.
If you’ve suffered this type of tragedy, the attorneys with the McEwen Law Firm offer their deepest sympathies. We can help you take action against those responsible for your loss and hold them accountable for their negligence. You can use our online form or call (800) 732-3070 for a free consultation.
Severe Burns Can Cause Wrongful Death
As you can see, death caused by burns occurs far too often. When someone is fortunate enough to survive a severe burn, however, they will typically have to undergo lengthy treatments. These can often include skin grafts and other types of surgical procedures.
When an accident results in a burn fatality, the family members of the deceased will typically be able to file a wrongful death lawsuit against those to blame. This will take the help of an experienced attorney who has a deep understanding of this area of the law. That’s exactly what we have at the McEwen Law Firm.
What is “Wrongful Death?”
When someone passes away due to the negligence or misconduct of another person or entity, that’s referred to as wrongful death in legal terms. There are some instances where this type of tragedy can result in not only a civil lawsuit but also criminal prosecution. A plaintiff who files a wrongful death lawsuit will face a lower burden of proof than prosecutors pursuing a criminal case.
But that’s not in any way meant to imply that winning a wrongful death lawsuit is easy. It will take the help of a seasoned legal representative who knows how to perform an in-depth investigation into the fatal accident. This investigation will uncover the evidence needed to show that the deceased was in no way to blame. It will also reveal the party (or parties) that caused the tragedy.
Causes of Severe Burn Injuries
There are many reasons behind accidents that lead to severe, potentially fatal burns. The following is a quick look at just a few of them.
- Vehicle accidents – Commercial and passenger vehicles are filled with flammable liquids, such as gasoline, oil, and many others. When an accident leads to a vehicle explosion, that can, unfortunately, result in death caused by burns.
- Workplace accidents – There are lots of different kinds of occupations that are incredibly dangerous, including construction, oil and gas, and others. It only takes a momentary lack of focus for a horrible explosion to take place. Even though workers’ compensation programs are designed to pay for a substantial portion of a burn fatality victim’s salary, there may be other ways the family can pursue additional compensation.
- Defective products – When a product is so poorly designed or manufactured that it causes a fatal burn injury, the company responsible must be held accountable. A defective propane tank, for example, can suddenly explode, turning a joyful family gathering into a horrible tragedy.
How to Prove Fault in a Wrongful Death Case
It can be challenging to determine blame in an accident that leads to a burn fatality. Unless the victim was able to provide information regarding how the accident occurred, determining fault will be a significant challenge.
This is one of the many reasons why you’ll need to hire a wrongful death attorney as soon as possible. Your attorney will launch an immediate investigation into the accident. They’ll work to get to the bottom of what happened so that you can have the best possible chance of obtaining the compensation you deserve.
Who Can File a Wrongful Death Lawsuit?
Most states have a certain “hierarchy,” for lack of a better term, to determine the family members who can file a wrongful death lawsuit. Typically, the spouse of the deceased will have first priority. If there is no spouse, then the children can file a lawsuit. If there are no children, then the parents are usually next in line.
However, there are some states that don’t allow certain members of the family to take legal action. These include siblings, grandparents, cousins, aunts and uncles, and others. An attorney with the McEwen Law Firm can tell you whether or not you’ll be eligible.
How Long Do You Have to File a Wrongful Death Lawsuit?
The answer to this question depends on what state you live in. However, states generally give family members anywhere from two to four years to file a lawsuit. That means you have two to four years from the date of death to file.
But that doesn’t mean you should wait anywhere near that long. The longer you wait, the more difficult it will be to gather the critical evidence you’ll need. As difficult as it may be during this terrible time, you should talk to a wrongful death lawyer as soon as possible.
Contact McEwen Law Firm if a Loved One Has Passed Away Due to a Burn Injury
A burn injury lawyer with the McEwen Law Firm will be ready to help if you’ve lost a loved one due to a death caused by burns. We will work extremely hard to help you obtain the compensation you deserve from those responsible for your suffering.
Our firm has a great deal of experience in wrongful death litigation, and we’ve helped our clients obtain millions of dollars in compensation. We’re ready to put our extensive knowledge, resources, and skill to work for you.