Maximize Your Settlement: Understanding Third-Degree Burn Injury Claims | Get Injured Lawyer

Maximize Your Settlement: Understanding Third-Degree Burn Injury Claims | Get Injured Lawyer

A third-degree burn can be a life-altering event, leading to excruciating pain, permanent scarring, and significant medical expenses. In the United States alone, over 410,000 burn injuries occur annually, with approximately 40,000 requiring hospitalization. If you or a loved one has suffered a third-degree burn due to someone else’s negligence, understanding your legal rights and options is crucial to maximizing your potential settlement.

What is a Third-Degree Burn?

Third-degree burns, also known as full-thickness burns, are severe injuries that destroy the epidermis and dermis, the two outermost layers of the skin. In some cases, they may also damage the subcutaneous tissue beneath the skin. These burns often require extensive medical treatment, including skin grafts and long-term care.

Characteristics of Third-Degree Burns:

  • Swelling of the affected area
  • Skin that appears black, brown, yellow, or white
  • Dry and leathery skin texture
  • Lack of pain sensation due to nerve damage

Establishing Liability in a Third-Degree Burn Injury Claim

To successfully pursue a third-degree burn injury claim, it’s essential to establish liability, proving that another party’s negligence directly caused your injuries. Negligence can take various forms, including:

  • Workplace Accidents: Burns resulting from malfunctioning equipment, improper safety protocols, or employer negligence.
  • Motor Vehicle Accidents: Accidents caused by reckless driving, drunk driving, or failure to adhere to traffic laws.
  • Defective Products: Injuries caused by faulty design or manufacturing of products like space heaters, electrical cords, or appliances.
  • Premises Liability: Burns sustained on someone else’s property due to hazardous conditions, such as inadequate fire safety measures or exposed electrical wiring.

Proving Negligence:

To prove negligence, you must demonstrate the following elements:

  1. Duty of Care: The defendant owed you a legal duty to act reasonably and avoid causing harm.
  2. Breach of Duty: The defendant failed to meet this obligation, acting carelessly or recklessly.
  3. Causation: The defendant’s breach of duty directly caused your burn injuries.
  4. Damages: You suffered actual damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Factors That Influence Settlement Amounts

The settlement amount in a third-degree burn injury case can vary widely depending on several factors:

  • Severity and Extent of the Burn: The degree, size (percentage of body covered), and depth of the burns are crucial determinants. Settlements for third-degree burns typically start around \$100,000 and can reach multimillion-dollar levels.
  • Medical Expenses: This includes all medical bills related to the burn injury, such as hospital stays (which can range from \$4,000 to \$20,000+ per day), surgeries, medications, specialized treatments (like skin grafts), and future medical care costs.
  • Lost Wages and Earning Capacity: If the burn injury prevents you from working temporarily or permanently, lost wages and loss of future earning capacity can significantly influence the settlement amount.
  • Pain and Suffering: Compensation for pain and suffering is more subjective and varies significantly from case to case. It accounts for the physical pain and emotional distress caused by the burns, including trauma, depression, anxiety, and the impact on your quality of life.
  • Long-Term Care Needs: Severe burns often require long-term care, including rehabilitation, physical therapy, and ongoing medical treatments. The costs associated with these needs can significantly increase the settlement value.
  • Disfigurement and Scarring: Visible scars, particularly on the face, neck, or hands, can lead to substantial emotional distress and may require costly reconstructive surgeries.
  • Punitive Damages: If the defendant’s actions were intentional or grossly negligent, you may be entitled to punitive damages, which are intended to punish the defendant and deter similar conduct in the future.

Types of Compensation Available

In a third-degree burn injury claim, you may be entitled to various types of compensation, including:

  • Economic Damages: These damages are intended to cover your financial losses, such as:
    • Medical expenses (past and future)
    • Lost wages (past and future)
    • Rehabilitation costs
    • Assistive devices and prostheses
    • Property damage
  • Non-Economic Damages: These damages are intended to compensate you for the intangible losses you’ve suffered, such as:
    • Pain and suffering
    • Emotional distress
    • Disfigurement and scarring
    • Loss of enjoyment of life
    • Loss of consortium (loss of companionship and intimacy with a spouse)
  • Punitive Damages: As mentioned earlier, these damages may be awarded in cases where the defendant’s conduct was particularly egregious.

Evidence Needed to Support Your Claim

Gathering and preserving evidence is crucial to building a strong third-degree burn injury claim. Key pieces of evidence may include:

  • Medical Records: Documenting the extent and nature of your burns, subsequent treatments, prognosis, and any future treatments or rehabilitation you may need.
  • Photographs: Photos of your injuries at various stages of healing can serve as strong evidence of the severity and duration of your suffering.
  • Accident Reports: Police reports, fire marshal reports, or workplace accident reports can help establish the cause of the burn injury.
  • Witness Statements: Accounts from witnesses to the accident can support your claim and provide valuable insights into the circumstances surrounding the injury.
  • Expert Testimony: Testimony from medical experts, engineers, or other specialists can help explain the extent of your injuries, the cause of the burn, and the long-term impact on your life.

Common Defenses in Burn Injury Cases

Defendants in burn injury cases may raise various defenses to avoid or minimize their liability. Common defenses include:

  • Contributory Negligence: Claiming that you were partially at fault for the burn injury, which could reduce your compensation.
  • Assumption of Risk: Arguing that you knowingly and voluntarily assumed the risk of being burned.
  • Lack of Negligence: Asserting that the defendant did not act negligently or that their actions did not cause your injuries.
  • Pre-Existing Conditions: Claiming that your injuries were caused by a pre-existing medical condition rather than the burn injury.

The Importance of Legal Representation

Navigating the complexities of a third-degree burn injury claim can be challenging, especially while dealing with the physical and emotional trauma of your injuries. An experienced burn injury lawyer can provide invaluable assistance by:

  • Conducting a thorough investigation of the accident
  • Gathering and preserving evidence
  • Identifying all potential sources of liability
  • Negotiating with insurance companies
  • Preparing your case for trial, if necessary
  • Maximizing your potential settlement

Call to Action

If you or a loved one has suffered a third-degree 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. We are committed to helping burn injury victims obtain the compensation they deserve to rebuild their lives.