Burn injuries are also the most excruciating and debilitating types of injuries, tending to leave victims with lasting physical and psychological trauma. Regardless of whether they are caused by flames, toxic substance exposure, electric shock, or faulty products, burn victims can recover compensation if another party’s wrongdoing or negligence led to the injury. A burn injury claim can enable victims to recover damages for treatment costs, lost income, pain and suffering, and future treatment costs.
If you or a family member has been the victim of a burn injury caused by another’s negligence, you should know your rights and how a personal injury attorney can assist you in seeking justice.
Common Causes of Burn Injuries
Burn injuries can occur in various settings, including homes, workplaces, public spaces, and industrial sites. Some of the most common causes of burn injuries include:
1. Workplace Accidents
- Burns from chemical spills in laboratories, factories, or construction sites
- Electrical burns due to faulty wiring or unsafe equipment
- Thermal burns from exposure to open flames, hot surfaces, or explosions
2. Car and Truck Accidents
- Gasoline-fueled vehicle fires after crashes
- Airbag deployment burns from high-temperature gases
- Battery explosions in electric or hybrid vehicles
3. Defective Products
- Faulty electrical appliances causing fires
- Exploding batteries in cell phones, laptops, or e-cigarettes
- Flammable clothing or furniture not meeting safety regulations
4. Residential and Building Fires
- Faulty wiring or defective smoke detectors in rental properties
- Fires caused by landlord negligence (e.g., failure to fix gas leaks)
- Apartment fires from improper building maintenance
5. Medical Malpractice
- Faulty wiring or defective smoke detectors in rental properties
- Fires caused by landlord negligence (e.g., failure to fix gas leaks)
- Apartment fires from improper building maintenance
6. Scalding Injuries
- Hot water burns from defective water heaters
- Burns from spilled coffee or food in restaurants
- Scalding injuries in daycare centers due to caregiver negligence
Understanding how the burn occurred is crucial in determining liability and building a strong lawsuit.
Types of Burn Injuries and Their Severity
Burn injuries are categorized based on their severity and how deep the damage extends into the skin and underlying tissues. The level of injury affects medical treatment, recovery time, and compensation in a lawsuit.
1. First-Degree Burns (Superficial Burns)
The burden of proof applies differently depending on the nature of the case. Below are some common examples:
2. Second-Degree Burns (Partial-Thickness Burns)
- Affect both the epidermis and dermis (deeper skin layers)
- Symptoms: Blisters, severe pain, and swelling
- Can lead to infection and permanent scarring
- Requires medical treatment, including wound care and possibly skin grafting
3. Third-Degree Burns (Full-Thickness Burns)
- Damage extends through the dermis to underlying tissues
- Symptoms: White, blackened, or charred skin, often numb due to nerve damage
- Requires hospitalization, surgery, and skin grafting
- Often leads to permanent disfigurement and long-term medical care
4. Fourth-Degree Burns (Most Severe Burns)
- Extend beyond the skin into muscles, bones, and nerves
- May require amputation or extensive reconstructive surgery
- Can be life-threatening and cause severe disabilities
The severity of a burn injury plays a significant role in determining settlement amounts in a lawsuit.
Who Can Be Held Liable for a Burn Injury?
Depending on the circumstances, multiple parties may be held legally responsible for a burn injury. Potentially liable parties include:
- Negligent drivers (in car accident-related burns)
- Property owners (for fires caused by unsafe conditions or landlord negligence)
- Employers (for workplace burn injuries due to unsafe working conditions)
- Manufacturers (for defective products or unsafe appliances)
- Medical professionals (for burns caused by surgical mistakes or malpractice)
A personal injury lawyer can help determine who is responsible and build a case to hold them accountable.
Compensation in a Burn Injury Lawsuit
Victims of burn injuries can seek various forms of compensation (damages) based on the severity of their injury and its impact on their life. Compensation may include:
1. Economic Damages (Financial Losses)
- Medical expenses (hospital bills, surgeries, skin grafts, rehabilitation)
- Future medical costs (ongoing treatments, physical therapy, counseling)
- Lost wages (income lost due to inability to work)
- Loss of earning capacity (if the injury leads to long-term disability)
2. Non-Economic Damages (Pain and Suffering)
- Physical pain and suffering
- Emotional distress (PTSD, anxiety, depression)
- Loss of enjoyment of life
- Disfigurement and permanent scarring
3. Punitive Damages
- Awarded in cases of gross negligence or intentional harm
- Meant to punish the defendant and prevent similar incidents in the future
The total settlement or award depends on medical records, expert testimony, and the severity of the burn.
Steps to Take After a Burn Injury
If you suffer a burn injury due to someone else’s negligence, follow these steps to protect your health and legal rights:
- Seek Immediate Medical Attention – Proper treatment is essential for preventing infection and complications.
- Document the Injury – Take photos of the burns, medical records, and accident reports.
- Identify the Responsible Party – Determine whether the injury was due to an employer, landlord, manufacturer, or another negligent party.
- Consult a Burn Injury Lawyer – An attorney can review your case, gather evidence, and negotiate for compensation.
- File a Personal Injury Claim – A lawyer can help you file a lawsuit against the liable party to recover damages.
Why You Need a Burn Injury Lawyer
A burn injury attorney can help you:
✔ Investigate the cause of the injury and identify responsible parties
✔ Gather medical evidence and expert testimony to prove damages
✔ Negotiate with insurance companies to secure a fair settlement
✔ File a lawsuit if the at-fault party refuses to offer fair compensation
Burn injury cases can be complex and high-stakes, making legal representation crucial for maximizing compensation.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
