Chemical Burn Injury Lawsuit: Don’t Miss the Deadline to File!

Chemical burns are a uniquely distressing type of injury, often leaving deep physical and emotional scars. According to a 2019 study, chemical burns account for nearly 11% of all burns and 30% of deaths due to burn injuries [3]. These injuries can occur anywhere – at work, at home, or in public spaces – and the repercussions can be life-altering. If you’ve suffered a chemical burn due to someone else’s negligence, seeking legal recourse is crucial. However, time is of the essence. This blog post will guide you through the critical aspects of filing a chemical burn injury lawsuit and why you shouldn’t miss the deadline to file.

Understanding Chemical Burns

Chemical burns, also known as caustic burns, result from contact with corrosive substances like strong acids or bases [3, 4]. These substances can be found in various household and industrial products, including:

Drain cleaners [3]
Rust removers and metal cleaners [3]
Car battery acid [3]
Bleach [3]
Toilet bowl cleaners [3]
Wet cement [3]
Paint removers [3]

The severity of a chemical burn depends on factors like the strength of the chemical, the duration of contact, and the area of the body affected [1]. Chemical burns can cause a range of symptoms, including pain, redness, blistering, and in severe cases, permanent tissue damage, necrosis, or even the need for amputation [3].

Establishing Negligence

To successfully pursue a chemical burn injury lawsuit, you must prove that another party’s negligence caused your injuries [1, 4]. This involves establishing four key elements:

Duty of Care: The responsible party had a legal obligation to act with reasonable care to prevent harm [1, 3]. For example, employers must provide a safe working environment and proper training for handling hazardous chemicals [4]. Manufacturers must also label hazardous products clearly [1].
Breach of Duty: The defendant failed to meet their duty of care [1, 3]. This could involve failing to warn about a chemical’s danger or not enforcing safety measures [1].
Causation: The at-fault party’s negligent actions or inactions directly caused your chemical burn injury [3].
Damages: You suffered damages as a result of the chemical burn injury [3]. These damages can include medical expenses, lost income, pain and suffering, and emotional distress [1, 3].

Who is Liable?

Several parties could be held liable in a chemical burn injury case, depending on the circumstances [4]:

Employers: If the burn occurred at work due to unsafe conditions or inadequate training [4, 6].
Manufacturers: If the burn was caused by a defective product or a failure to provide proper warnings [4, 9].
Property Owners: If the burn occurred on their property due to hazardous conditions [4, 9].
Salons: For chemical burns sustained during hair treatments or other cosmetic procedures [19].
Negligent Drivers: If a car accident involving hazardous materials resulted in a chemical burn [7, 11].

The Statute of Limitations: A Deadline You Can’t Miss

One of the most critical legal factors in filing a chemical burn injury claim is the statute of limitations – the legal time limit for initiating a lawsuit [1, 4]. This deadline varies by state and dictates how long you have to file a lawsuit after the injury occurs [4].

In Georgia, personal injury claims, including chemical burn injuries, must typically be filed within two years from the date the injury occurred [1].
In Illinois, you generally have two years to file a chemical burn claim against the liable party [9].
In Indiana, the statute of limitations generally gives you two years to file a lawsuit from the date you were burned [19].

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 [1].

Exceptions to the Rule

While the statute of limitations is strict, some exceptions may apply [1]:

Discovery Rule: In some cases, the statute of limitations might begin from the date the injury is discovered, rather than when it first occurred [12]. This is particularly relevant for chemical burns where the full extent of the damage may not be immediately apparent [7].
Claims Involving Minors: The statute of limitations may be tolled (paused) until the injured party reaches the age of majority [12].

Types of Compensation Available

If you’ve suffered a chemical burn due to someone else’s negligence, you may be entitled to various types of compensation [1, 2, 16]:

Medical Expenses: This includes costs for immediate treatment, surgeries, ongoing therapies, and future medical care related to the injury [1, 16].
Lost Income: If the injury prevents you from working, you can seek compensation for lost wages and potential future earnings [1, 16].
Pain and Suffering: You can receive compensation for the physical pain and emotional trauma associated with the injury [1, 16].
Emotional Distress: Compensation for psychological trauma, such as PTSD, depression, and anxiety, resulting from the injury [1, 16].
Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or partner [2].
Punitive Damages: In cases of egregious misconduct, you may be awarded punitive damages to punish the defendant and deter similar behavior in the future [1].
Disfigurement and Permanent Scarring: Compensation can be provided for disfigurement and permanent scarring [1].

The Importance of Seeking Legal Assistance

Navigating the complexities of a chemical burn injury lawsuit can be challenging. An experienced personal injury attorney can help you [1, 4]:

Evaluate your claim: A lawyer can assess the details of your case and determine if you have a viable claim [1, 9].
Gather evidence: Attorneys can conduct a thorough investigation, collect evidence, and interview witnesses to build a strong case [1, 8].
Negotiate with insurance companies: A skilled attorney can negotiate with insurance companies to reach a fair settlement [1, 8].
File a lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court [1, 8].
Understand the statute of limitations: A lawyer can ensure that you file your claim within the applicable statute of limitations [4].

Case Examples

$1.6 Million Settlement: A Philadelphia man partially blinded by caustic chemicals at work was awarded $1.6 million after a jury found his employers liable [15].
$500,000 Settlement: A sanitation stain cleaner who suffered a non-correctable loss of vision in his right eye due to a chemical splash at work reached a $500,000 settlement in a medical negligence case [14].
$400,000 Settlement: A truck driver unloading chemicals was covered in chemicals due to poor unloading procedures at a chemical plant, resulting in a $400,000 settlement [18].

Don’t Delay: Act Now to Protect Your Rights

If you or a loved one has suffered a chemical burn injury due to someone else’s negligence, don’t miss the deadline to file a lawsuit. Contact an experienced personal injury attorney today to discuss your case and protect your right to compensation. Time is of the essence, and delaying action could jeopardize your ability to recover the damages you deserve.