The American Bar Association calls burn injury lawsuits a tort claim. As such, plaintiffs must prove two basic issues: liability and damages.
Liability is the legal responsibility for the harm caused.
To obtain compensation for your injury, you must establish legal liability by showing the following elements in your case:
- The at-fault party owed you a duty of care. The duty of care the at-fault party owes you depends on the circumstances of your case, but generally refers to the actions a reasonable person would have taken in similar circumstances.
- There was a breach in the duty of care. The breach refers to the actions that the at-fault party took that violated the duty of care.
- The breach resulted in the accident, which caused your injuries and subsequent impacts and expenses.
The legal term “damage” refers to a payment made for harm done. South Carolina allows those who have suffered burn injuries to pursue the collection of both economic damages and non-economic damages. Economic damages refer to a payment made for the out-of-pocket expenses you have faced, such as wage loss and medical treatment. Non-economic damages refer to a payment made for the impacts that the injury has had on your quality of life.