Truck Accident Case
We took more than 60 depositions in five different states. Because of Stephenson’s tireless advocacy, shortly before the trial was to commence, the defendants settled the case for $48.5 million.
Burn Injury Lawyer Fights for Compensation
Burn injuries can cause excruciating pain and tremendous suffering, and they can lead to scarring, disfigurement, and paralysis, as well as emotional problems such as PTSD. Severe burns may require multiple surgeries, skin grafts, hospitalizations, and continuing care, and victims may be unable to work. When a negligent party caused or contributed to the situation which caused you to suffer a burn injury, they should bear the costs associated with your treatment and recovery.
If you or a loved one has suffered a severe burn or someone has died due to a burn caused by the negligence or wrongdoing of another party, you may be entitled to compensation through insurance or a personal injury lawsuit. However, Indiana personal injury laws are complicated, making mistakes can be costly, and insurance companies have high-powered lawyers on their side who will attempt to get you to settle for the lowest amount possible. This is not something you should deal with on your own.
The burn injury attorneys at Stephenson Rife, LLP understand what you are going through and have the experience and resources necessary to fight for the compensation you deserve. We know the courts, the system, and the tactics insurance companies use and are fully prepared to handle all legal hurdles necessary to go up against them. We offer a free, no-obligation consultation to discuss the circumstances of your case and determine the best way to help, so call us today.
How Our Burn Injuries Attorney in Indianapolis Helps You
Why Choose Stephenson Rife?
There are many attorneys out there, and it’s important for you to find one you have confidence in and feel comfortable with and one who has the qualifications to get the settlement you need. Here are some reasons why we think Stephenson Rife is your best choice:
- We are experienced. We have been meeting the needs of people throughout Indiana since 1976. Mike Stephenson has 40 years of experience handling injuries and is a trusted advisor to many individuals and companies.
- We get results and win large settlements, such as the $48.5 million we won in a truck accident case. We have a strong record of success for a wide range of personal injury cases. You can read their testimonials and about the cases.
- We are recognized in our field. Attorneys Mike Stephenson and Brady Rife have both been named as Indiana Super Lawyers.
- We handle all legal paperwork and court appearances required by Indiana law.
- We deal and negotiate with insurance companies, so you won’t have to.
- We are recognized for our expertise and are the law firm that other law firms consult.
- We offer free initial consultations to get you started.
- We are able to provide cost-effective legal services to keep fees low, and you pay us nothing unless we win and you get your money.
Our Burn Injury Attorneys Work for You
When you have our Indianapolis burn injury attorneys on your side, you no longer have to file forms, deal with insurance companies, or worry about whether you have the best settlement offer. We will get to work to build your case immediately. We will:
- Meet with you to discuss how the burn injury happened, who the at-fault parties may be, and determine if you have a valid lawsuit and what it should be worth
- Ensure you get proper medical care and all symptoms and treatments are documented
- Conduct investigations to gather evidence to prove how the burn injury occurred, such as photographs and videos, and police, ambulance, and medical records and reports
- Interview witnesses and first responders
- Get expert opinions from accident reconstruction professionals, medical professionals, therapists, and life-care specialists as to how your burn injuries will affect your life into the future
- Negotiate with insurance companies and their lawyers for a fair settlement
- Build your case and bring it to court and present it in front of a judge and jury if necessary.
We strive to give our clients the personalized service they deserve. By tailoring our approach to meet the individual preferences of each client, we are able to help clients feel confident in the steps we are taking together.
Indianapolis Burn Injury Attorney Must Prove Negligence
Some burns occur in unavoidable accidents, but others are caused by someone’s negligence or recklessness. Our Stephenson Rife burn injury attorneys can assess the conditions that were present at the time of your injury to determine whether another person or entity was responsible and whether you may seek damages from them in court.
When this is the case, our personal injury attorney can help win compensation from the responsible parties – compensation that can offset the high cost of treating the medical complications caused by catastrophic burn injuries and provide some measure of relief for the pain and suffering they cause.
To win your case, our attorneys must prove that your burn injury was caused by another party’s negligence, recklessness, or fault. Legally, this means showing the following elements:
- The defendant owed you a duty of care to prevent harm.
- The defendant breached this duty by acting or failing to act.
- This breach caused your injury.
- You suffered actual damages as a result.
To prove negligence, we would investigate how your brain injury occurred, gather evidence, and hire expert witnesses to reconstruct the accident and testify as to how the accident occurred and who the negligent parties were. Examples of negligent parties include:
- Companies which ignore workplace safety regulations, fail to provide sufficient training, or store chemicals or other materials in an unsafe fashion. Even when the injured worker is receiving workers’ comp benefits, additional compensation may be sought through a workplace injury lawsuit against a third party who was responsible for causing or contributing to the injury, such as a subcontractor.
- Manufacturers of defective products that cause fires in residences, on the highway, and in industrial settings. Manufacturers can be held liable when they produce items that cause injury to the consumer.
- Property owners and managers whose negligence led to the burn, such as by failing to meet current fire codes or have adequate fire escape routes.
Our burn injury attorneys will seek to identify all potentially liable parties, as they all may have insurance and assets that can go toward a settlement.
Burn Injury Lawyers Help Recover Damages
In a successful burn injury case, you may receive an award called “damages” for the costs and losses resulting from the burn. In Indiana, you may be entitled to compensatory damages that cover your economic and non-economic losses, and the possibility of punitive damages as well.
Economic damages (also called “special damages”) are for the monetary losses that result from your injuries. Examples include:
- Medical and rehabilitation expenses
- Lost income from being unable to work and for reduced future ability to earn
- Property damage related to the burn.
Non-economic damages (also called “general damages”) are for damages that do not have a specific dollar value but negatively impact your life, such as:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of consortium and quality of life.
Punitive damages may be awarded in rare circumstances as well. These are intended to punish a defendant for especially malicious or intentional actions and to deter similar conduct in the future. Punitive damages are capped at three times the compensatory damage award or $50,000, whichever is greater.
Be aware that Indiana requires that you take steps to minimize or “mitigate” the harm you suffered. To do so, you should follow your doctor’s orders and avoid activities that might aggravate your injury or slow your recovery time. You should also keep track of all your medical expenses and how your injuries impact your life, to maximize your settlement.
Damage Award Amounts
There is a wide range of damage amounts victims can be awarded in a burn injury lawsuit, from the thousands to the millions of dollars, depending on the individual circumstances of the case. The biggest factors are: the severity of the burn injury, the intentions of the person or company who caused the burns (the defendant), and the insurance available and extent to which a defendant can pay a settlement.
Legal research shows that burn injuries tend to have higher settlement value due to the pain involved and permanent scarring. Have more questions on the settlement process? Visit our FAQs page.
Indianapolis Burn Injury Lawyer Answers Questions
Dealing with a serious burn injury is difficult, and it’s natural to have questions and concerns. These are best addressed at your free consultation, but to get started, here are some answers to questions our attorneys are often asked.
How long do I have to file a lawsuit?
Indiana has a statute of limitations (Indiana statute §34-11-2-4) that generally allows two years from the date of the accident that led to the injury to file a personal injury lawsuit, and, in case of death, two years to file a wrongful death claim from the day of the death. There are some exceptions, but if you fail to file on time, the courts are likely to refuse to hear your case
Should I talk to the insurance company?
No, the less you say to insurance companies, the better. Insurance adjusters want to pay out as little as possible and will attempt to lessen or deny the payments, or get you to admit you were at fault for the accident, and anything you say to them can be used against you. Tell the insurance companies to speak to your attorney, and let Stephenson Rife handle all dealings and negotiations.
What if I did something to contribute to the burn?
You may still collect damages if your fault is not greater than fifty percent (50%) of the total fault involved in the incident, according to Indiana’s modified comparative negligence statute (IC 34, Section 51-2-5, et seq.). However, the damage award will be reduced according to the percentage of fault you bear.
What if a loved one died from the burn?
If the burn injury results in death, Indiana’s wrongful death statute (IC 34-23-1-2) allows the personal representative of the deceased to file a wrongful death suit for damages for medical, hospital, funeral, and burial expenses as well as compensation for loss of love and companionship and lost wages and reasonable attorney’s fees.
When you have our Indianapolis burn injury lawyers on your side, we will be there throughout the entire process to answer your questions and address your concerns.
Get Help from Our Indiana Burn Injury Attorneys
Burn injury cases can be complex legal claims that require thorough investigation and demand aggressive litigation to secure the best possible outcome for the plaintiff. Indiana burn injury attorney Mike Stephenson has more than three decades of experience and substantial financial resources to commit to your case. We build a legal team specifically for you.
If someone else’s negligence caused or contributed to the situation which caused you to suffer a burn injury, they should bear the costs associated with your treatment and recovery, including both economic and non-economic damages. Let our Indiana burn injury attorneys fight to get compensation for you.
Call us today for a free evaluation of your claim.