Legal Guide

When Can You Sue for a Burn Injury?

Without a doubt, burn injuries can be very serious and quite painful for victims. There are four categories of burns. A first degree occurs on the first layer of the dermis. It can cause redness, swelling and blisters. Typically, first degree burns heal within just a few days. A second degree occurs to the second layer of the skin. This too can cause redness, swelling and blisters. Usually, a topical ointment can help to heal a second degree burn in a week. A third-degree burn is much more serious in the first degree or second-degree burn. It damages all layers of the dermis. Third degree burns can even damage the nerves. Skin crash may also be needed with a third-degree burn. This is when the damage skin is covered with skin from other areas of the body. A fourth-degree burn is the most serious of all the categories of burns. This category of burn can be actually life-threatening. It destroys all layers of the skin, the tendons and even the bones. Both third degree and fourth-degree burns require medical attention. If you have been burned  due to the negligence or carelessness of another party or agency, you can sue for your injury. Burns can cause a lot of pain, mental stress, scarring and even be fatal.

Filing a Lawsuit for a Burn Injury

If you plan to file a lawsuit for your burn injury, it is very important to keep records of all your medical treatment and documentation. Getting medical attention early on will help support your claim. Keep in mind that the opposing party will try to assert that your injuries were due to something else and not their cause. Medical documentation can attest to how the injury actually occurred. Having the proper medical documentation is a critical element to your lawsuit.

It's also important to document your injury. If you do go to trial, it can take a couple of years. Your burn injury will change over that time. The jury needs to see the evidence in order to properly evaluate your case. Be sure to take pictures of your burn injury at all stages of healing. This way, the judge and jury can actually see it for themselves. keeping a pain journal is also recommended by most attorneys. This way, the jury and judge will be aware of the pain that you have endured due to your burn injury. Pictures should be taken during all stages of your recovery.

Burn Injury Cases

There are many situations where burn victims have one compensation by the courts. Employees who had employers leave dangerous chemicals around without proper safety measures have successfully won their burn lawsuit. People who have incurred a motorist accident due to the negligence of another and incurred a thermal burn have successfully gotten compensation. Victims who've incurred burns due to someone else setting fire on a property have won their case. People who have gotten burned from manufacturing chemicals have successfully won their case, also. 

One of the most famous burn cases was the McDonald's hot coffee case. McDonald’s was serving coffee so hot that it could cause third degree burns in just a few seconds. The plaintiff required skin grafts on several parts of her body. The jury found McDonald's liable for the victim’s injuries and awarded her millions of dollars in compensation.

Compensation for Burn Injuries

The compensation awarded to burn victims is intended to make them whole again. It includes medical expenses, lost wages, pain and suffering and the injury itself. Scarring, disfigurement, disability, loss of sensation and nerve damage are all taken into consideration when valuing a burn case. The amount of compensation that you will be awarded in a burn lawsuit depends on the severity of burn injuries.

If you have incurred a burn due to the negligence of another, it is always better to consult with a burn injury attorney. This professional will give you a free consultation and evaluate the credibility of your claim. A burn injury attorney will also evaluate your case to determine if there is more than one party at fault. A full investigation will be done to learn the specific circumstances of your accident. Negligence and the extent of your injuries will also be evaluated in order to determine the value of your case.

When you have an attorney in your corner, you have a partner who is going to aggressively fight for justice on your behalf. You also have a professional who knows how to deal and negotiate with the insurance companies. According to statistics, burn victims who use an attorney to represent them are awarded more monies. It’s never a wise decision to do it on your own if you have suffered a burn injury due to the negligence of another person or agency. Tort laws are complicated, and the process is complex. Let an experienced  burn victim attorney help you navigate it.


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