Many accidents can cause burn injuries, from household duties to on-the-job activities. If you want to hold a person or entity liable for your injuries, however, your accident must involve some type of negligence. To win a burn injury lawsuit, you will need to prove that the defendant owed you a duty of care, breached that duty through a negligent act or omission, and subsequently caused your injury and losses.
Common causes of burn injuries that usually involve negligence include the following.
- Motor vehicle accidents: Cars can catch fire during an accident, harming the occupants inside. All drivers have a responsibility to drive safely and follow traffic laws, and if you suffer burns in a car accident someone else caused, you can hold him or her accountable through a car accident lawsuit.
- Defective and dangerous products: Products that have a manufacturing or design defect, such as electronic cigarettes and cell phones, may catch fire or explode, leading to serious burn injuries. Burn injuries can also occur if the manufacturers do not include adequate safety instructions. In these situations, you can hold any entity along the chain of distribution liable through a product liability lawsuit, including manufacturers, distributors, and vendors.
- Chemical exposure: Hazardous chemicals can cause severe burns, and it is the responsibility of those who work with these chemicals to store them safely. For example, improperly loaded chemical materials can fall off a semi-truck, potentially exposing motorists and pedestrians to these chemicals in the collision’s aftermath. You could also file an injury claim over a failure to label dangerous chemicals and include proper safety instructions, depending on the cause of the accident.
- Hot liquid spills: Scalding liquid can cause serious burns, and restaurant workers who handle these liquids must be very careful while serving patrons. If you visit a restaurant and suffer burn injuries after coming into contact with hot liquids, you may be able to hold the restaurant liable.
- Building fires and explosions: Whether at home, in the workplace, or at the store, any structural fire or explosion can lead to serious burn injuries. If someone’s negligence caused the fire, you may file a lawsuit against him or her. For example, negligent gas workers who accidentally puncture pipelines and cause explosions can be liable for the victims’ damages. A restaurant owner who fails to keep a safe and clean kitchen can face a lawsuit if a grease fire starts during dinner service.
Burns vary widely based on their severity and cause. Fires, explosions, chemical exposure, and live electric wires can contribute to these serious injuries, often leading to hospitalization and the need for long-term care.
There are many types of serious burn injuries you can develop, including the following.
- Thermal burns: Human skin is sensitive to heat, and if you come into contact with a heat source, you can develop a thermal burn. Hot objects, open flame, scalding water, steam, and other sources of heat can contribute to these injuries, which can include skin cell death and charring.
- Electrical burns: You can develop a severe burn if you come in contact with an electric current. Worn insulation, live wires, and frayed cords can send an electric shock through the body, leading to external burns as well as possible internal damage.
- Friction burns: These injuries occur when your skin rubs or scrapes against a surface to the point where you develop a burn. Severe friction burns can happen during car or motorcycle accidents due to contact with asphalt. They can also develop during repeated activity that chafes the skin, such as playing sports or crawling on a carpeted surface.
- Chemical burns: You may develop a chemical burn if you come into contact with a hazardous material. Chemicals like chlorine, bleach, and ammonia can cause serious damage to the human skin, leading to severe pain and possible scarring.
Burn injuries require specialized medical care, and the more severe the burn is, the more intensive the treatment. There are four categories of burn injuries from mild to severe. They are classified into degrees and are as follows:
FIRST-DEGREE
These burns damage only the outer layer of skin but do not blister. Symptoms of first-degree burns include pain, redness, inflammation, and dry, peeling skin. Depending on the location of the injury, these burns may take between seven to 10 days to heal. First-degree burns usually do not leave permanent scars.
SECOND-DEGREE
Damage occurs to the outer skin and part of the underlying layer of skin. The skin may become red, blistered, and swollen. There is pain and possibly a scar. Since these injuries are more severe than first-degree burns, second-degree burns often require more intensive treatment, such as skin grafting and antibiotics.
THIRD-DEGREE
These are severe injuries damaging the level of fat under the skin and even destroying nerves. Due to nerve damage, victims may feel numbness instead of pain. Without surgery, third-degree burns can cause permanent scarring and may take weeks to heal.
FOURTH-DEGREE
These burns are potentially fatal, with damage extending to muscle, tendons, and bones. The skin may blacken or char. Victims may not have pain because of extensive nerve damage. Fourth-degree burns can take a very long time to heal due to the massive damage and require immediate hospitalization due to the risk of shock.
Severe burn treatment is extensive and very expensive. Many burn victims may experience shock, have difficulty breathing, and suffer from dehydration due to their injuries, and will need to visit a hospital immediately after the accident. They may also be at risk of developing an infection and require antibiotics, and need to attend physical therapy sessions to regain movement after receiving treatment.
Burn patients usually begin care at a hospital before transport to a burn center, which are inpatient care centers that provide the specialized care that more severe injuries require.
Their treatment may include:
- Emergency medical care
- Hospitalization
- Medication
- Compression therapy
- Debridement
- Skin grafting
- Plastic surgery
- Mental health counseling
- Physical burn rehabilitation
If you are suffering from a burn injury, this care is necessary — but the long-term medical costs can be very expensive. Burn victims often need treatment for years following their injury, which can significantly increase medical expenses over time. You can recover the compensation you need to pay for this important treatment through a lawsuit against the person or entity responsible for your injury — and the attorneys at AK Law Firm can help you seek justice.
In most injury cases, you have two years from the date of the burn accident to file your burn injury claim. There are some exceptions to this rule.
- If you were under the age of 18 or mentally incompetent at the time of the serious burn injury, the court will extend your filing deadline. The clock will begin on the day you turn 18 or the period of incompetence ends.
- The court will also extend the deadline if the person responsible for your injury leaves Texas for a period of time. The court will not count the defendant’s period of absence toward the two-year statute of limitations.
To ensure you submit your claim by the required deadline, speak to an attorney at AK Law Firm: Injury Lawyers as soon as possible. Our Houston burn injury attorneys will listen carefully to the facts of your injury case, explain your legal options, and begin the first steps toward filing your lawsuit.
To get compensation for serious burn injuries, victims must suffer burns through no fault of their own. When recovery is possible, damages may include:
- Reasonable and necessary past and future medical expenses
- Loss of past and future earnings and profits
- Scarring and disfigurement
- Loss of a normal life
- Shortened life expectancy
- Pain and suffering
- Emotional distress
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