Burn Injuries: Seeking Justice and Compensation
Burn injuries are some of the most devastating traumas a person can endure. Hundreds of thousands of patients in the United States are treated for burns each year, and these injuries can impact every area of a victim’s life. Burn injuries can be caused by a typical household accident, a workplace mishap, or a defective product and can create long-term physical, emotional, and financial burdens.
In this blog, we will explain the different types of burns and their potential causes, legal options for burn injury victims, and how qualified burn injury attorneys can help you pursue justice and damages.
Burn Injuries In The United States
About 450,000 patients are treated for burn injuries in U.S. emergency rooms and hospitals annually, according to the American Burn Association. Every year, there are about 4,500 fatalities from fire-related incidents alone. These statistics reveal that burn injuries are not simply an issue of public health, but that they also lead to significant loss of earnings for victims and their families. Furthermore, burns lead to costly medical treatments, including skin grafting, extended rehabilitation and chronic care, combined with lost wages and reduced quality of life.
Types Of Burns
Burns have different classifications. This classification is based on the severity and extent of penetration in the skin. Burn injuries can be classified into different types according to the cause and severity:
Thermal Burns
Thermal burns are caused by direct contact with flames, hot objects or hot liquids. They are the most common type of burn injury in the United States and, depending on the intensity of the heat and the length of contact, there is a broad spectrum of severity. Treatment may include cooling the burn, controlling pain and preventing infection. In severe cases, treatment may involve medical care, such as dressing changes or skin grafts.
Scald Burns
A type of thermal burn caused by hot liquids or steam. They are especially common in children because of their naturally curious nature and higher heat sensitivity. Most hot water scalds occur in kitchen or bath settings. The liquid may be at high temperature, causing severe damage, and timely treatment is required to avoid further damage.” It’s essential to cool the burn area and seek medical care.
Chemical Burns
Chemical burns are caused by exposure to caustic substances like acid or alkali. These burns can lead to deep damage, which may become worse over time without treatment, to the skin and underlying tissue. A simple Immediate measure is to flush the affected area with water to dilute the chemical residue, which minimizes the damage. Medical attention is usually needed to control the burn and reduce the worsening of the burn.
Electrical Burns
Electrical burns are injuries from electric currents moving through the body, destroying deep tissue, muscle, or internal organ damage. Such burns may not be apparent immediately; the damage can happen under the surface layer of the skin. Electrical burns occur from contact with exposed wires or faulty electrical equipment and can cause external and internal injuries. Hidden trauma is possible, even with minor burns, so it’s essential to get the care of a medical professional as soon as possible.
Radiation Burns
Radiation burns are rarer and can happen if someone is exposed to radiation for a long time, such as during cancer treatment, sunburns, or nuclear accidents. These injuries involve both the skin and deeper tissues, depending on the severity of exposure. Symptoms consist of redness, blistering, and in extreme cases tissue damage. Cool the area, control pain, and observe for signs of more profound tissue damage or complications.
Different types of burns require different recovery strategies, and the legal methods used to obtain compensation for each strategy must account for these differences.
Most Common Causes of Burn Injuries
For most Americans, it is the home that is the leading site of burn injuries. If safety precautions are not followed, kitchens, bathrooms, and living areas can quickly become dangerous. According to the Centers for Disease Control and Prevention (CDC), over 75% of burn injuries take place at home. Be it a scald from a hot drink or a contact burn from a heated appliance, these mishaps can leave permanent scars and are expensive to treat. Apart from burns at home, some of the other primary reasons are:
Workplace Burns
Workplaces also pose significant risks, particularly in construction, manufacturing, and food services. These workers are sometimes exposed to heavy machinery, very hot machinery, or unsafe chemicals that can lead to serious burn injuries. The damage caused by a burn on the job goes far beyond the physical aftermath , including loss of income and the possibility of long-term disability.
Negligence And Defective Products
In certain instances, burn injuries stem from faulty products or careless behavior. Perhaps the most famous burn injury case in the U.S. is Liebeck v. McDonald’s Restaurants, in which a 79-year-old woman was burned with third-degree burns after spilling hot coffee on her lap. The case, which is frequently cited in matters of product liability, underscored the idea that businesses must provide safe products for consumers.
Faulty Appliances
Faulty home appliances, defective industrial machinery, and subpar safety protocols all pose the risk of legal claims. If the product or service is found to have been unreasonably dangerous, the injured party can pursue compensation through product liability or premises liability claims.
Intentional Or Negligent Acts
Although many burn injuries are accidental, others are the result of intentional acts or apparent negligence. Domestic violence cases, assault, gross workplace negligence situations are three common examples of how one can sustain severe burn injuries. In instances where victims are injured in a hit-and-run, they may have legal grounds to file a personal injury lawsuit and pursue compensation for things like their current medical expenses, future pain and suffering, and a loss of enjoyment of life.
What Are the Legal Rights and Options for Burn Victims?
Burn victims have legal rights to file for compensation for medical bills, pain & suffering, as well as lost wages due to the injury. If the burn resulted from negligence, defective products, or intentional harm, they may be able to file a personal injury lawsuit. Victims may file claims through workers’ compensation or insurance if the injury happened at work or in a covered accident.
How to File A Personal Injury Claim
You can pursue a personal injury claim if someone else’s negligent actions caused your burn injury. This type of claim is intended to compensate you for:
Medical Expenses
Hospitalization, surgeries (such as skin grafting), medication, rehabilitation, and future treatment costs.
Lost Wages And Loss Of Earning Ability
If your injury prevented you from returning to work, you can be compensated for past and future lost wages.
Pain And Suffering
Non-economic damages for pain and mental distress associated with the burns, which can be considerable in burn cases.
Punitive Damages
If the defendant’s conduct was grossly negligent, punitive damages can be used to discourage similar conduct in the future.
A personal injury claim is only successful when it is supported by records, evidence-based, and proof of negligence support a solid case. The state limitations dictate a period for filing such claims, which is critical for victims to take legal action immediately.
Workers’ Compensation
Workers’ compensation is typically the exclusive remedy for burn injuries incurred on the job. This is a no-fault system, so injured workers receive benefits without having to establish employer misconduct. Workers’ compensation covers:
- Noneconomic damages: All non-pecuniary losses related to the injury.
- Wage Replacement: Covers wages lost during the recovery.
- Permanent Disability Benefits: Injuries that caused permanent impairment
- Vocational Rehabilitation: Help finding if you cannot return to your former job due to the injury.
However, workers’ compensation benefits generally do not cover pain and suffering. In instances where employer negligence is apparent, some victims may be able to file additional claims beyond the workers’ compensation system.
Claims Related To Premises And Product Liability
If a burn injury occurs because of a defective product or unsafe environment, you might also have to pursue a faulty product or premises liability claim. These claims allege that the property owner or manufacturer breached a duty of care. Such lawsuits tend to involve complex litigation and multiple defendants, so the counsel of a qualified attorney is key.
Take Steps To Seek Justice and Compensation
A crucial first step in your journey to justice is documenting and seeking medical care as soon as possible. After sustaining a burn:
- Get medical attention: This is essential for your health and will create a record of your injuries.
- Document the scene: Take photos of your injuries, the location where the incident happened, and any hazards.
- Get Witness Information: Obtain contact information for any witnesses to the accident.
- Preserve Evidence: Store defective products, receipts, and related documentation.
When To Seek Professional Legal Guidance
Burn injury cases involve complex processes. Insurance companies will low-ball your claim or offer less than you are owed. The responsibilities of an experienced burn injury attorney include:
- Investigate Carefully: Collect all evidence and speak to medical consultants.
- Negotiations: Negotiate a settlement compensating you for your actual economic and non-economic damages.
- Legal Advocate in Court: If settlement talks fail, your attorney will be ready to fight for your rights in court.
GLGAZ is dedicated to supporting you. No two cases are alike, and we will work with you to craft a customized legal strategy to help you obtain the funds necessary to reorganize your life.
Conclusion
Burn injuries can be life-altering and come with a heavy physical, emotional, and financial toll. In this country, where hundreds of thousands are burned every year, the courts provide various paths for victims seeking compensation. Whether via personal injury claims, workers’ compensation or product liability suits, there are legal routes to take to hold the responsible parties accountable.
And if a burn incident has injured you or someone you love due to someone else’s negligence or a faulty product, contact us today to discuss your legal options. In the face of strict state deadlines, prompt action is crucial, and the earlier you get expert representation, the greater the likelihood of being fairly compensated for medical expenses, lost wages, pain and suffering.
At GLGAZ, we want burn injury victims to achieve justice through the complex legal waters they will often be faced with. Our knowledgeable lawyers can help you move on and return to your life with the compassion and experience you deserve. Call or write us for a no-cost consultation and we can start fighting for you to achieve justice and compensation you need.
