Chemical Exposure Lawsuits: Filing a Claim for Burn Injuries and Damages

Chemical burns are a uniquely distressing injury, often leaving deep physical and emotional scars. These injuries can happen anywhere – at work, at home, or in public spaces, and the repercussions can be life-altering. According to the NCBI, about 3% of all burns are chemical in nature, caused by substances like acids, lye, paint thinner, and gasoline. In most cases, chemical burn injuries result from someone else’s negligence. Seeking compensation by lodging a chemical burn claim is important. If you’ve suffered chemical burns due to another party’s negligence, you have the right to pursue compensation through personal injury lawsuits.

Understanding Chemical Burn Injuries

Chemical burns are injuries to the skin, eyes, mouth, or internal organs caused by contact with a corrosive substance. They may also be called caustic burns. These burns can range from mild irritations to severe, life-threatening injuries. The severity of a chemical burn depends on several factors, including:

The type of chemical involved (acids, alkalis, or organic compounds).
The concentration of the chemical.
The duration of exposure.
The route of exposure (skin contact, inhalation, or ingestion).
The extent of the affected area.

Most chemicals that cause burns are either strong acids or bases. A glance at the medical information on the labels of dangerous chemicals confirms the expected toxicity. Common household products that can cause chemical burns include ammonia, battery acid, bleach, concrete mix, drain or toilet bowl cleaners, metal cleaners, pool chlorinators, and tooth-whitening products.

Types and Classification of Chemical Burns

Chemical burns are primarily categorized into two main types: acid burns and alkali burns. Chemical burns can also be classified based on the depth of the burn, with alkali burns tending to cause deeper burns than acid burns. Like other burns, chemical burns are classified based on the amount of damage done:

First-degree burns: These superficial burns affect only the outer layer of skin (epidermis). The area will be red and painful, but there usually is no permanent damage.
Second-degree burns: Also known as partial thickness burns, these extend into the second layer of skin (dermis). You may have blisters and swelling, and it may leave scars.
Third-degree burns: These full thickness burns go through the skin and may damage tissue underneath. The area may look black or white. Because nerves are destroyed, you may not feel pain.
Fourth-degree burns: These burns can potentially go as deep as muscle and bone.

Filing a Chemical Exposure Lawsuit

If you have suffered chemical burns due to another party’s negligence, you may be entitled to compensation through a personal injury lawsuit or a workers’ compensation claim. To file a chemical burn lawsuit, start with an initial consultation with a personal injury lawyer who specializes in such cases. Seek legal advice promptly to avoid missing filing deadlines.

Grounds for Suing

Victims of chemical burns may have grounds for legal action if negligence by another party can be established, necessitating proof of duty, breach, injury, and causation. You may hold manufacturers, employers, property owners, and other entities responsible for the unsafe conditions that caused your chemical burn injury liable.

To succeed in a chemical burn injury claim, the plaintiff must prove that another party’s negligence caused their injuries. This involves establishing four key legal elements:

Duty of Care: The responsible party had a legal obligation to act with reasonable care to prevent harm (e.g., employers must provide protective gear; manufacturers must label hazardous products clearly).
Breach of Duty: The defendant failed to meet their duty (e.g., failing to warn about a chemical’s danger or not enforcing safety measures).
Injury: The plaintiff suffered a chemical burn injury.
Causation: The defendant’s breach of duty directly caused the plaintiff’s injury.

Types of Claims

There are several types of claims that can be filed for chemical burns, each addressing different aspects of liability:

Product liability claims: These involve holding manufacturers accountable for providing insufficient safety warnings or defective products that cause chemical burns.
Premises liability claims: These can be filed against property owners if chemical burns occur due to unsafe conditions on their property.
Workers’ compensation claims: These are applicable when employees suffer chemical burns during their work activities.

Building Your Case

If you’ve suffered a chemical burn injury, you should immediately work with your lawyer to begin to collect evidence for a personal injury lawsuit. Essential steps include:

Seeking medical attention: Immediate medical attention is crucial to document your injuries accurately and begin the necessary treatment.
Documenting the incident: Thoroughly document the incident, including the date, time, location, and circumstances of the exposure.
Gathering evidence: Collect any available evidence, such as photographs of the scene, the chemical product label, and witness information.
Consulting with a personal injury attorney: An early consultation allows the attorney to evaluate your case, explain your rights, and guide you through the legal process.

Compensation for Chemical Burn Injuries

Victims of chemical burns can pursue both economic and non-economic damages in their claims. Compensation in a chemical burn lawsuit can extend beyond direct financial losses.

Economic damages: These include costs such as medical expenses (past and future), lost wages, and rehabilitation expenses incurred due to the injury.
Non-economic damages: These address the emotional distress and suffering experienced by burn victims, including pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement and permanent scarring.
Punitive damages: In some cases, punitive damages may be awarded if the defendant’s conduct was particularly reckless or malicious.

Factors Affecting Settlement Amounts

Burn injury settlements can range from less than $10,000 for minor burns to millions of dollars for severe burns that cause permanent disability and disfigurement. Several factors can influence the amount of compensation you may receive for your burn injury case:

Severity and Extent of Burns: Generally, the more severe the burn, the greater the victim’s entitlement to a larger settlement.
Medical Expenses: The cost of medical treatment, including surgeries, skin grafts, and ongoing care, can significantly impact the settlement amount.
Lost Income: Compensation for lost wages and future earning capacity can be substantial, especially if the burn injury prevents you from returning to work.
Pain and Suffering: The physical pain and emotional trauma associated with chemical burns can result in significant non-economic damages.
Long-Term Effects: Long-term complications, such as scarring, disfigurement, and psychological trauma, can increase the value of the settlement.

Time Limit to File a Claim

One of the most important legal factors in filing a chemical burn injury claim is the statute of limitations—the legal time limit for initiating a lawsuit. Failing to file within this window may result in the forfeiture of your right to compensation, regardless of the severity of the injury or the strength of your case. You generally have a specific timeframe to file a chemical burn lawsuit, which varies by state. In Georgia, personal injury claims, including chemical burn injuries, must typically be filed within two years from the date the injury occurred. In Pennsylvania, the statute of limitations gives you two years from the date of your chemical burn to file a legal claim.

Long-Term Effects of Chemical Burns

While many chemical burns heal fast and do not cause lasting damage, severe cases can have enduring consequences. The long-term effects of chemical burn injuries can be severe, affecting not only physical health but also mental and emotional well-being.

Scarring and disfigurement: Chemical burns can result in disfiguring scars, impacting not only the physical appearance but also the mental and emotional well-being of the survivor.
Functional impairments: Depending on the severity and location of the chemical burn, functional impairments may persist. Restricted mobility, joint stiffness, or loss of sensation can affect an individual’s ability to perform daily activities.
Psychological trauma: Survivors may experience post-traumatic stress disorder (PTSD), anxiety, and depression due to the trauma of the incident and the challenges of coping with long-term physical changes.
Chronic pain: Nerve damage and tissue scarring can lead to persistent pain, requiring ongoing medical management and impacting the overall quality of life.
Secondary complications: Chemical burn survivors may be more susceptible to infections, complications, and delayed wound healing.

Seeking Legal Recourse

If you or a loved one has suffered a chemical burn injury, it is essential to seek legal recourse to hold responsible parties accountable for their negligence. A personal injury lawyer can help you navigate the complexities of the legal system and pursue the compensation you deserve.

Call to Action

If you or someone you know has suffered a chemical burn injury due to someone else’s negligence, don’t hesitate to seek legal assistance. Contact our firm today for a free consultation to discuss your case and explore your legal options.