Every year, numerous people suffer from burn injuries due to the negligence of another. These are often painful, debilitating, and lead to massive financial burdens. In the face of these challenges, the legal system provides recourse for victims to claim compensation. But navigating the complexities of the legal world can be daunting, especially while dealing with a traumatic event such as a burn injury.
At Kash Legal, we understand the difficulties that come with pursuing compensation for burn injuries. We are committed to helping San Bernardino residents through every step of the process, from filing a claim to negotiating a fair settlement. The first step is helping you better understand your rights and the legal options available to you.
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Burn injuries, though always painful, can be vastly different in nature and severity. Understanding the type of burn you’ve suffered and its severity is crucial for your legal claim.
Thermal burns occur when the skin comes into contact with something hot, such as a flame, steam, or hot liquid or object. These are common in kitchen accidents, house fires, and vehicular accidents. For example, a faulty stove that explodes due to a manufacturing defect can lead to a thermal burn, implicating the manufacturer in a potential lawsuit.
Chemical burns result from contact with strong acids, alkalis, or other corrosive substances. These are frequent in industrial settings or at home with improper handling of cleaning supplies. For instance, if an employer does not provide proper safety equipment to handle a dangerous chemical, leading to a burn, they could be held responsible.
Electrical burns are caused by exposure to electric current. Such burns might happen at home due to faulty wiring, in workplaces with improper electrical installations, or in public places with exposed electrical components. A negligent property owner or electrician could be liable for such injuries.
Radiation burns are inflicted by overexposure to ultraviolet light (like from the sun), tanning booths, radiation therapy for cancer, or exposure to radioactive materials. For example, if a medical professional administers too much radiation during treatment, causing a burn, they may be held legally responsible.
The degree of burn injury is equally essential as it impacts the potential compensation.
First-degree burns affect the outer layer of skin and are characterized by redness, minor inflammation, and pain. An example could be a mild sunburn from overexposure to the sun due to inadequate safety measures at a public pool.
Second-degree burns affect both the outer and underlying layers of skin, causing redness, swelling, blisters, and severe pain. This might occur if a server spills hot coffee on a customer, causing significant injury.
Third-degree burns reach the fat layer beneath the skin, and fourth-degree burns affect deeper tissues like muscle and bone. These burns can result in charred skin, severe pain or numbness, and may cause long-term damage or disability. For instance, a severe fire resulting from a car accident caused by a drunk driver can lead to third or fourth-degree burns.
In the wake of a burn injury, you may be eligible to file a personal injury lawsuit against the party responsible for your injuries. Personal injury law, also known as tort law, is designed to protect individuals who have been harmed physically, emotionally, or financially due to the negligence or wrongful conduct of others.
For a successful personal injury claim, it must be demonstrated that the defendant had a duty of care to the plaintiff, that this duty was breached, and that the plaintiff’s injuries were a direct result of this breach. Duty of care refers to the legal obligation that one party has to avoid causing harm to another. In a personal injury case such as a burn injury, the duty of care could involve a wide range of responsibilities depending on the circumstances. Proving a breach of this duty of care is a central component of a personal injury lawsuit. To establish negligence, the following four elements must be proven:
The defendant had a legal duty of care towards the plaintiff. In the context of a burn injury, this could mean a landlord had a duty to install fire alarms or a manufacturer had a duty to ensure a product was free of defects.
The defendant breached that duty. For instance, a landlord failed to install fire alarms, or a manufacturer overlooked a product defect.
The defendant’s breach of duty directly resulted in the plaintiff’s injuries. For example, if the lack of a fire alarm delayed a person’s escape from a burning building or a faulty product led to a burn injury.
The plaintiff suffered actual harm or damage as a result. This can be physical, emotional, or financial, such as medical expenses, lost wages, pain and suffering, or emotional distress.
As the saying goes, “the devil is in the details,” and that is particularly true in personal injury lawsuits. The evidence you collect can make or break your case. This evidence can include photographs of the accident scene and your injuries, witness statements, medical records detailing the extent of your injuries and treatment, and expert testimonies from medical or forensic experts.
In addition to this, you must also provide proof of your losses, such as receipts for medical expenses, pay stubs for lost wages, and psychological evaluations demonstrating the emotional toll of your injury. Inaccurate or incomplete evidence can compromise your claim, so it is important to be meticulous and thorough when collecting evidence.
Economic damages cover quantifiable costs such as medical bills, lost wages, rehabilitation costs, and any future earnings lost due to the injury. Non-economic damages, on the other hand, compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
The amount of compensation you can claim will depend on several factors, including the severity of your injury, the level of negligence of the defendant, your age, your earning capacity, and more. Our dedicated team of legal professionals at Kash Legal can provide you with a comprehensive analysis of your case to estimate your potential compensation.
If you or a loved one has suffered a burn injury due to someone else’s negligence, you may be entitled to compensation. At Kash Legal, we are committed to helping you seek justice and the maximum amount of compensation you deserve.
Our experienced team of personal injury lawyers is here to guide you through the legal process, answer all your questions, and provide the support you need on your journey to justice. Contact us online or call (888) 527-4128 today to schedule your free consultation and learn more about how we may be able to help.
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