Did you know that 42% of work-related injuries are related to burns? Most burns tend to happen as a result of workplace negligence. That gives you the right to seek compensation for your injuries.
However, deciding if it’s worth seeking compensation can be difficult. With this guide, you can learn what’s needed to consult a burn injury lawyer. From the type of burns to the elements of a claim, you can understand if you have enough to go forward with your case.
Now, are you ready to get started? Here’s an in-depth look at burn injuries:
Types of Burns
Burns have been categorized into three tiers based on their severity. They range from superficial to severe.
Superficial burns are likely not to leave a scar. However, severe burns can be extremely painful and cause costly medical treatments. Sometimes they require multiple reconstruction surgeries that can cause great suffering for an extended period.
First Degree Burns
First-degree burns are presumed to be “superficial.” While they can be painful, its pain is compared to that of a sunburn. For example, first-degree burns redden, but they don’t blister.
Second Degree Burns
Second-degree burns involve more damage to the skin than first-degree burns. In fact, they ruin the outer layers of the skin.
However, they steer clear of the deeper layers. These burns may also involve painful infections and tender blisters.
Third Degree Burns
Third-degree burns are the worst type of burn since it ruins all the layers of the skin. To treat, skin grafting is used, which can include years of surgeries, increased pain, and a higher risk of infection.
However, third-degree burns also increase the likelihood of death due to the thickness of the burn. Since it affects the nerves, tendons, and most skin, permanent scarring is almost guaranteed.
Common Causes of Burn Injuries
Burn injuries can occur when you least expect it. Even if you’re careful, sometimes accidents just happen. Here are some of the most common causes of burn injuries:
- Workplace accidents
- Car or Truck accidents
- Defective products
- Electric injuries
- Fires in public areas
- Scolding water
The Crucial Elements in Filing a Burn Injury Case
Filing a burn injury is no easy task. However, to win, you must have the burden of proof. Meaning, you must show that defendant was responsible for the accident that later caused your injuries.
To do this, you must provide these three elements in your burn injury lawsuit:
Duty of Care
During a lawsuit, you must prove that the defendant is responsible for your duty of care or, in other words, is liable. For example, let’s say you received an injury at work. However, the employer has an automatic duty to provide you with a safe work environment. Thus, they’re partially if not completely at fault for your injuries.
Although duty of care can also exist between you and someone you don’t know. For instance, drivers have a responsibility to respect anyone they share the road with, meaning other drivers, bicyclists, and pedestrians. Thus, they’re also liable for any accidents that occur too.
Duty Was Breached
A breach can happen when a defendant doesn’t maintain their duty and instead allows harm to come to another person. This can happen when an employer fails to recognize unsafe working conditions or a driver drives recklessly.
Causation
While you must establish duty of care and the breach that occurred, you must also prove that breach directly caused your injuries. Although, if the breach is somehow unrelated to the accident that burned you, then you most likely don’t have a case.
Types of Compensation for Burn Injury Cases
No amount of money can make up for your pain and suffering. However, here a few common types of compensation for burn injury cases:
- Medical Expenses: These expenses include hospitalizations, treatments, surgeries, therapy, follow-up appointments, and all medication.
- Lost Wages: Many hours of work are often missed due to trying to recover. Some victims may be permanently disabled from their injuries, leaving them not able to work. Thus requiring compensation for life.
- Travel Expenses: These expenses include to and from burn care centers and specialized doctors.
- Pain and Suffering: Attorneys like to ensure that their clients are adequately compensated for their mental, physical, and financial anguish.
- Other: Depending on the case, victims may receive other types of compensation.
What Can Affect Compensation for Burn Injury Cases?
Compensation is never pre-determined. No two cases are the same, not even with similar burns. That is because compensation relies on individualized factors to determine the overall payout.
Here are the three determining factors:
The Amount of Physical Harm
The skin is the body’s largest organ. Thus, any injury can cause major repercussions. For example, second and third-degree burns can affect the body’s ability to adjust body temperature. It can also cause conditions like urinary tract infections, respiratory infections, and cellulitis.
The amount of physical harm varies from case to case and is a large factor in determining compensation.
The Financial Harm
Financial harm determines the extensive damages to the victim. The more surgeries a person has or, the longer a victim needs to recover, the higher the payout value will be. If a person is permanently disabled, the settlement value increases while, on the other hand, if a person is ready to go back to work, the settlement is likely to decrease.
The Level of Negligence
The reasons for the burn will have a large effect on how high the settlement will be. For example, when burns are caused by someone directly or by gross negligence, the settlement will likely be higher.
Contact a Burn Injury Lawyer Today
Severe burns don’t just happen every day; if you feel your injury could have been avoided, contact a burn injury lawyer today. A knowledgeable attorney will help you through the process. From filing a claim to negotiating in court, an educated lawyer will provide you with the best guidance as possible.
For more information about burn injuries, visit our website to learn more.
