What Are Your Rights After Suffering Severe Burns Due to Negligence?
Suffering severe burns can be one of the most traumatic and life-altering experiences a person can endure. Whether caused by an accident at work, a defective product, or an incident at a public establishment, burn injuries can leave physical, emotional, and financial scars.
At Spencer Law Group in Lawrenceville, Kentucky, we're here to support you after suffering severe burns due to negligence. Understanding your rights and the process of personal injury claims is crucial, especially in Kentucky.
Here, our KY personal injury lawyer will walk you through when it may be appropriate to pursue compensation for your burn injuries and the key factors to consider before deciding whether to file a lawsuit.
What Are the Types of Burn Injuries?
Burns are injuries to the skin or other tissues caused by heat, chemicals, electricity, radiation, or friction. There are four different types of burns, classified based on their severity:
First-degree burns: These are the least severe and only affect the outer layer of skin (epidermis), causing redness, swelling, and pain.
Second-degree burns: These burns damage the outer layer and the underlying layer of skin (dermis), resulting in blisters, severe pain, and potential scarring.
Third-degree burns: These burns destroy both the outer and underlying layers of skin and can extend to deeper tissues, potentially causing nerve damage. These burns may appear white, charred, or leathery.
Fourth-degree burns: The most severe, these burns penetrate deep into the skin and can affect muscles, tendons, and bones. Fourth-degree burns often result in permanent damage and may be life-threatening.
Severe burns can lead to long-term health issues, including chronic pain, infections, scarring, loss of function, and psychological distress. When these injuries occur due to someone else’s negligence, victims have the right to seek legal recourse.
What Is Considered Negligence?
Negligence refers to a failure to exercise reasonable care, resulting in harm to another person. In the context of burn injuries, negligence can occur in many situations, such as:
Workplace accidents: Employers are required to maintain a safe working environment. If an employee suffers burns due to unsafe working conditions, lack of proper protective equipment, or inadequate training, the employer may be liable for negligence.
Product defects: If a defective product, such as a faulty appliance or hazardous chemical, causes a burn injury, the manufacturer, distributor, or retailer may be held responsible for negligence.
Premises liability: Property owners have a duty to maintain safe premises. If someone is burned due to unsafe conditions, such as exposed electrical wires, faulty heating systems, or spills that cause burns, the property owner may be liable.
Medical malpractice: In cases of medical negligence, such as improper treatment of burn injuries or failure to prevent further harm, the medical professional may be held liable.
To prove negligence, the following elements must be established:
Duty of care: The defendant owed a legal duty to the victim. For example, an employer has a duty to provide a safe working environment.
Breach of duty: The defendant failed to meet the standard of care required in that situation. For example, a restaurant may have breached its duty by failing to properly maintain hot surfaces.
Causation: The defendant’s actions (or lack of action) directly caused the burn injury. In a case involving a defective product, the defect must have led to the injury.
Damages: The victim suffered actual harm or injury, such as physical burns, medical expenses, and emotional distress.
Legal Rights of Burn Victims
If you’ve suffered severe burns due to negligence, you have the right to seek compensation for your injuries. The types of damages that may be available to burn victims include:
Medical expenses: Victims are entitled to compensation for all medical costs related to their burn injuries, including hospital stays, surgeries, rehabilitation, and future medical treatment. Burn injuries often require long-term care, so compensation should take future medical needs into account.
Lost wages: If your injuries cause you to miss work, you may be entitled to compensation for lost wages. Additionally, if you're unable to return to your previous job or profession due to the severity of your injuries, you may also be entitled to compensation for diminished earning capacity.
Pain and suffering: Burn injuries often result in significant physical pain and emotional suffering. Victims may experience both short-term and long-term pain, as well as mental health issues such as anxiety, depression, and PTSD. Compensation for pain and suffering can be substantial, especially in cases involving third-degree or fourth-degree burns.
Emotional distress: Burn victims often endure psychological trauma as a result of their injuries. The psychological impact of disfigurement, loss of independence, or the fear of further medical procedures may entitle victims to emotional distress damages.
Punitive damages: In some cases, if the defendant’s conduct was particularly egregious or malicious, the court may award punitive damages. These damages are meant to punish the defendant and deter others from engaging in similar conduct.
Loss of consortium: If the burn injury severely impacts a victim’s relationship with their spouse or family, the affected family members may be able to recover damages for loss of consortium, which refers to the loss of companionship, love, and support.
Disfigurement and scarring: Severe burns can lead to permanent disfigurement, which may affect the victim’s quality of life and emotional well-being. Compensation for scarring and disfigurement is available to help address the long-term impact on the victim’s appearance and self-esteem.
These are just a few of your legal rights after suffering a burn injury. Taking legal action is an important step toward securing the compensation you deserve for your injuries.
How to Pursue Legal Action After a Burn Injury
The process of seeking legal recourse typically involves several steps:
1. Seek Immediate Medical Attention
The first step after suffering a burn injury is to seek immediate medical attention. Proper treatment is essential to reduce the severity of the burns, prevent complications, and improve long-term outcomes. Prompt medical care also creates a record of the injury, which is vital for any legal claim.
2. Document the Incident and Injuries
As soon as possible, document all details surrounding the incident that caused your burns. This may include taking photographs of the injuries, noting the circumstances of the incident, and gathering evidence such as witness statements, reports, or safety violation documentation.
In cases involving a product defect or workplace injury, the defective item or equipment should be preserved as evidence.
3. Consult With an Experienced Personal Injury Lawyer
Burn injury cases are often complicated, and a skilled personal injury lawyer can help manage the legal process. A personal injury lawyer will investigate the circumstances of the injury, identify liable parties, and gather the necessary evidence to support your claim.
Additionally, a personal injury lawyer can help assess the full extent of your damages, including long-term medical costs and emotional suffering.
4. Investigate Liability and Negligence
Your personal injury lawyer will need to determine who’s responsible for your burn injury. Depending on the situation, multiple parties may be liable, such as employers, product manufacturers, property owners, or medical professionals.
Establishing negligence is a critical part of the case, and your personal injury lawyer will work to gather evidence proving that the defendant’s actions (or inactions) directly caused your burns.
5. File a Lawsuit or Negotiate a Settlement
Once your personal injury lawyer has gathered sufficient evidence, you may file a personal injury lawsuit against the responsible party. In many cases, the defendant’s insurance company may offer a settlement to avoid going to trial.
A skilled personal injury lawyer will help you negotiate the best possible settlement to cover your medical expenses, lost wages, and pain and suffering. However, if a fair settlement can't be reached, the case may go to trial.
6. Court Proceedings and Trial
If your case proceeds to trial, the court will examine all evidence, including medical records, professional testimony, and witness statements. Both sides will present their arguments, and a judge or jury will determine liability and damages. If successful, you'll receive a judgment for compensation.
Contact a Personal Injury Lawyer Today
If you've suffered severe burns due to negligence, it’s understandable to feel unsure about taking legal action. At Spencer Law Group, we serve clients in Lexington, Bowling Green, Covington, Louisville, Owensboro, and Hopkinsville, Kentucky. Contact us today to consult with our experienced attorneys and begin the process of seeking the compensation you deserve.