If you or a loved one has suffered a burn injury because of someone else’s negligence, filing a personal injury lawsuit can help you recover essential damages to ease the burden of mounting medical costs, lost wages, and emotional damages you may be suffering.
Reach out to our experienced personal injury attorneys today to learn more about your legal rights and options as a burn victim.
What Are The Common Causes Of Burn Injuries That May Lead To A Lawsuit?
Burn injuries that result from accidents that could have been prevented but were not because of someone else’s negligence set the foundation for successful personal injury lawsuits.
Common causes of burn injuries include:
- Defective products: When a consumer utilizes a product in a correct manner, though a defect in the product causes a burn injury. This can happen when a product overheats, explodes, or malfunctions in other ways, causing serious burns.
- Workplace accidents: Industries, like manufacturing and construction, are more often than not environments where workers might face a burn injury because of a chemical spill, electrical hazard, fires, or other hazards.
- Premises liability: When property owners fail to maintain safe building conditions, hazards like faulty wiring, missing smoke detectors, and even blocked exits in the event of a fire can result in burn injuries.
- Vehicle accidents: Vehicle collisions, especially involving commercial trucks, can result in fuel-fed fires that can lead to burn injuries.
- Scalding incidents: Hot liquid or steam from malfunctioning water heaters, showers, and even commercial equipment can cause serious burns. These types of accidents can happen in a variety of environments and both individuals and entities can be held liable.
Can I Sue If My Burn Injury Was Caused By Someone Else’s Negligence?
Yes. If your burn injury was caused by someone else’s negligence, you can sue them for damages.
In order to sue, however, you have to prove that there was negligence. There are four essential elements to negligence and each must be present in order to have a successful lawsuit.
These elements include:
- Duty of care: The defendant owed you a legal duty to act reasonably.
- Breach of duty: The defendant failed to meet that duty through action or inaction, such as failing to fix faulty wiring or designing a dangerously defective appliance.
- Causation: The defendant’s breach directly caused your burn injury. This requires demonstrating a clear link between the negligent act and the harm you suffered.
- Damages: You suffered actual harm — medical expenses, lost wages, pain and suffering — as a result of the injury.
Who Can Be Held Liable For A Burn Injury?
More people or entities can be held liable for a burn injury claim than you may think. Liability depends on the circumstances of your case, but often, liable parties can include:
- Property owners and landlords for fires caused by code violations, faulty wiring, or inadequate fire safety equipment.
- Manufacturers and retailers for defective products that cause burns.
- Employers for workplace safety violations (often through workers’ compensation).
- Drivers and trucking companies for vehicle accidents causing fires.
- Utility companies for gas explosions or downed power lines.
- Government entities for infrastructure failures (with strict filing deadlines).
What Types Of Damages Can I Recover In A Burn Injury Claim?
Burn injuries are unique in that they cause more than just monetary losses. Disfigurement, loss of enjoyment of life, and mental health struggles are some of the other ways victims can suffer. With burn injuries, victims can recover both economic and non-economic damages.
Economic damages refer to the tangible, calculable losses suffered. This includes things like:
- The cost of medical care and ongoing medical treatment.
- Lost wages and diminished earning capacity.
- Cost of household services and home modifications because of the injury.
- Loss of personal property.
Non-economic damages refer to the incalculable and intangible losses. This includes things like:
- Pain and suffering.
- Emotional anguish and psychological trauma.
- A diminished quality of life.
- Disfigurement and permanent scarring.
How Do I Prove Negligence In A Burn Injury Case?
Proving negligence relies on establishing the four elements of negligence outlined above. In addition to this, you also have to have strong and compelling evidence.
Some examples of strong and compelling evidence include:
- Expert testimony: This might include medical experts, accident reconstruction experts, and burn injury experts who can break down the severity of your injury, future care needs, and other expert knowledge that can help strengthen your case.
- Documented evidence: This includes everything from incident reports, medical records, safety inspection logs, and even product manuals to help establish the facts of your case and the liability that was in play.
- Witness testimony: Witnesses who saw the accident occur can corroborate how the incident occurred, helping strengthen your case.
What Evidence Should I Collect After A Burn Injury?
After a burn injury, collecting the following can serve as essential pieces of evidence:
- Photographs of the scene of the injury.
- Photographs of your injuries.
- Logs of your medical care and medical records.
- Incident reports of your accident.
- Internal documentation, including safety reports, inspections, and other formal reports that give insight into the background of where you got injured.
- Documented expenses, including bills, receipts, and records of medical treatment and lost income.
- If you’ve been injured by a defective product, preserve it as this can serve as essential evidence in your case.
How Long Do I Have To File A Burn Injury Lawsuit In Colorado?
In Colorado, most personal injury claims have a statute of limitations of two years from the date of the injury. However, if your burn injuries resulted from a car accident, this statute of limitations stretches to three years.
Despite the statute of limitations, if you have suffered a burn injury, you should act quickly. The sooner you take action, the sooner you can receive the compensation you need to help you in your journey to healing.
What If My Burn Injury Happened At Work, In A Vehicle Accident, Or Due To A Defective Product?
Where your burn injury happened can also play a role in your personal injury claim. For example:
- Workplace burn injuries are generally classified under workers’ compensation claims, no matter who was at fault.
- Vehicle accident burns typically require you to pursue compensation against the at-fault driver’s insurance company.
- Defective product burns allow you to pursue legal action under product liability law. Negligent parties will often include the manufacturer, distributor, or retailer involved.
How Can A Burn Injury Attorney Help With My Case?
The right personal injury attorney can make all the difference in your burn injury claim. An experienced burn injury lawyer will cover all the bases of your case, including:
- Investigating liability and identifying all parties who may be liable for your injuries.
- Calculating the full damages you are entitled to, including all economic and non-economic damages.
- Working with insurance companies. Our attorneys are expert negotiators and will fight back against insurance companies who will try and lowball your settlement recovery.
- Preparing and filing all the appropriate legal documentation within the statute of limitations, ensuring that your claim is thorough and robust.
- While most burn injuries end in a settlement, if a settlement cannot be reached, our attorneys are fully prepared to represent you in court.
Why Choose Elite Litigation Group For A Burn Injury Claim?
The Elite Litigation Group at Bachus & Schanker is unlike any other legal team in the area. This collective of highly specialized lawyers focuses exclusively on catastrophic injuries, including burn injuries.
Working alongside our Victim’s Advocate team, the Elite Litigation Group ensures all victims we represent have the full legal, physical, and emotional support they need as they navigate what is undoubtedly one of the most difficult moments of their lives.
With years of experience and multiple locations serving clients nationwide, we are ready to stand by your side and pursue justice on your behalf. Contact Elite Litigation Group today for a free consultation to discuss your burn injury claim.
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“Thank you for not giving up on me”
…there was a point when I wanted to give up… Bachus & Schanker did not give up on me. They just kept pushing through and letting me know that we’re on a team and that they’re there for me, to support me and help me in any way I need.
Thank you for giving me a second chance, for helping me with a second chance and thank you for not giving up on me.
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