Burn injuries can be very destructive to a person’s life and trigger a lot of pain and suffering that may be hard to tolerate. When these injuries happen due to the actions of another, they can be even worse. Thankfully, a great burn injury lawyer can help you out in this case, regardless of your age, earning capacity, and family circumstances, to provide you with the best protection and the highest probability of winning financial compensation for your injury.
The Intensity of the Burn – First-, Second-, or Third-Degree Burns and Location
Not all burns are alike in their intensity – some are minor blemishes on the skin that heal in a few days while others are extensive dangers that may impact a person’s total overall health. As a result, it is fair to say that burn injury lawsuits are probably most influenced by just how bad a burn gets on a person’s body – meaning it is crucial to understand the types of burns a person may experience.
First-degree burns are so minor that they are unlikely to be the focus of a lawsuit. By contrast, second-degree burns could be bad enough to cause many extensive types of pain. Typically, second-degree burns cause damaged skin that may lead to scarring and damage beyond the surface. Some with second-degree burns may require surgery to overcome the severity of the injury.
Third-degree burns are the most severe type of burn and can occur due to chemical exposure, burns in a fire, or even through exposure to steam. They burn far beneath the skin and often affect the muscles and the nerves of the injured area. As a result, they often trigger permanent disfigurement that may require surgery to manage and even cause permanent scarring that may never go away.
And don’t forget that the location of the burn can also affect your case. Burns on more sensitive areas, such as the face, may trigger larger payments by causing more types of injuries and wounds. Often, sympathy from the judge may also go out to somebody injured in this way, which may sway them towards the victim’s case. However, they must take elements like negligence into account when deciding on these cases.
Negligence Claims – Who is Responsible for the Injury?
In burn injury cases, negligence is rarely a shared issue – the victim rarely does anything to trigger their burns. However, the defendant may try to push blame at them by claiming that they were somehow negligent, such as opening various types of chemicals without the proper protection or other unfortunate steps. More importantly, the intention of the defendant is also taken into account.
For example, if the defendant accidentally burned the victim – such as when a plaintiff is burned in a house fire at the defendant’s house caused by their negligence – the courts may not punish them as severely. That said, if the defendant was malicious – such as setting a person’s house on fire or throwing acid at them during an argument – the judge is more likely to be punitive in their rewards.
And in cases where third-party individuals are to blame, such as burns caused by defective machinery or various machine types, the manufacturer may be more likely to be blamed. The difference here is based on where the defect lies. If it was caused by the manufacturers poorly building a machine that fails, they are to blame. But if the device owner did not do the proper maintenance to prevent failure, they are to blame for the burns. And they will have to pay for treatments needed to manage the issue.
How Treatment May Affect a Lawsuit
People suffering from a burn injury need treatment to recover. And the treatment that they receive will heavily influence a court’s decisions in a few ways. Though it may not dictate whether the court decides in their favor, it does matter when choosing the amount of money they receive. The treatment types vary based on the physical and emotional injury that a person may experience due to their burns, including skin damage, various kinds of emotional troubles, and much more.
For instance, skin grafts are a standard treatment for serious burns that require preparation, surgery, and recovery time. The cost of these procedures often varies heavily based on elements like the extent of the injuries, the damage to the skin, and the skill of the surgeon. Usually, the total body surface area (TBSA) can also influence the case because more extensive burns require more extended surgery to fix.
And psychological treatment may also affect the case because an individual may need treatment to overcome any emotional troubles triggered by a burn, such as feelings of “ugliness” that may occur with facial burns. Or they may have trauma that triggers PTSD that makes it hard for them to work or positively interact with others. The court will require psychologists to testify that the burn caused these problems and was not triggered before the injury or by other factors in that person’s life.