Burn Injury Questions

I was seriously burned, do I have a case?

The critical factor is whether the injury was due to negligence or not. Please review the material on negligence in the personal injury section.

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How does a burn case differ from other injury cases?

Typically, a serious burn has consequences that other types of injuries do not. These include lifelong scarring and disfigurement. Range of motion may be affected and long term physical therapy is commonly needed. These generate expenses that have to be estimated at the time of settlement. Plastic surgery might be warranted along with therapy for the psychological damages. Complete recovery may not be possible.

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What counts as a burn injury?

The critical feature is damage to the skin and is ranked by how much area is involved. The skin is not only cosmetic, but an essential organ that protects our bodies from infection, dehydration and trauma. The damage can be from heat (the normal meaning of "burn"), chemical burns, ultraviolet or radiation burns.

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What damages can I expect to recover in my burn injury case?

• Medical expenses
• Loss of income
• Compensation for pain, disability, or disfigurement
• Future medical expenses
• Future loss of earning capability
• Compensation for future pain, disability or disfigurement

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How long do I have to sue after I am burned?

The period may be as short as two years or up to three in some cases. It depends on how the burn happened. One mistake to avoid is not seeking legal help quickly enough. Even though the injury may not have stabilized (more medical procedures planned), an attorney can help establish the facts of the case while they are still available. The treatment you receive also has to be documented properly. The sooner you involve a competent attorney, the better.

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What if I was partly at fault for the burn?

Your case will not be as strong if you contributed to the accident. However, you should not believe that because you made a mistake, there is no other negligent party. Unsafe conditions often contribute to the severity of a burn. That and other factors may place partial blame on another. Your award will be reduced depending on the percentage of responsibility you hold. This percentage will be one of the items that have to be worked out with a settlement or in court.

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Why is expert testimony needed if my injuries are obvious?

While it is true that burn injuries are dramatic and visual, there is more to the case than this. Experts may be called to testify how the burn happened, what the long-term prognosis is and who is at fault in the case. There may be testimony on topics like fire science, chemistry and medical outcomes. If some key element is not addressed in court, the award will be lower than it should be.

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What if a burn is caused by a defective product?

Unsafe products can and do cause burns. If the item in question was used properly but still caused a burn (a chemical burn from a hair product would be an example), the manufacturer may be liable for damages. Unclear instructions, failure to warn or outright defects can all generate a product liability suit.

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Who pays the medical bills while the case is working its way through the system?

Usually, your own medical insurance will pay before a judgment or settlement is reached. They will then seek to be reimbursed by the party found to be at fault. If you paid the bills yourself, you can collect this money.

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My son was injured while trying to make methamphetamine in our garage. Can he sue the makers of the chemicals he used?

Usually not. Burns resulting from illegal activity or when using something for a purpose other than it was designed (the household chemicals used to make the drugs) will not have a way to recover any money. The only exception is if he was sold materials by someone who knew what he was going to do with them or he was underage and they sold products to him they shouldn't have. Even in this case, it would be hard to prove that he wasn't mostly at fault.

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I was severely burned at work, can I sue the company I work for?

Because the injury happened during the course of employment, the award would come through the workmans compensation route rather than by a negligence suit. There are exceptions though. You should seek an opinion based on the facts in your particular case.

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