As anyone who has ever grabbed the handle of a hot pan knows, burns can be incredibly painful. Depending on the severity of the burn, they may also cause serious injury and/or permanent disability. In some cases, burn injuries result in death.
When a burn is caused by someone or something else – such as a motor vehicle accident – you may be able to file a personal injury lawsuit against the at-fault party. Through an insurance claim, you can recover financial compensation for your medical bills, property damage, lost wages, pain and suffering, scarring, disfigurement, and more. Our Charleston personal injury attorneys will fight for your right to a fair settlement for your burn injuries.
Johnstone & Gabhart represents clients throughout West Virginia who have been hurt in all types of accidents, including those that involve burns. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today to schedule an appointment with a Charleston, WV burn injury attorney.
Causes of Burn Injuries
When people think of burn injuries, their first thought might be something like a house fire or a fire pit accident. While people can get burned this way, the reality is that burns can happen in a range of situations. According to the Centers for Disease Control and Prevention (CDC), more than 1,000,000 people seek medical care for burn injuries each year.
Some common causes of burn injuries include:
- Construction site accidents;
- Motor vehicle accidents;
- Scalding water;
- Electric shock accidents;
- Chemical burns or exposure to hazardous materials;
- Tanning bed burns;
- Kitchen accidents;
- Defective products; and
- Fireworks accidents.
For example, lithium batteries have become incredibly common, both in household items and in electric vehicles. Over a 5 year period, the U.S. Consumer Product Safety Commission reported more than 25,000 incidents involving overheating and fires related to more than 400 types of lithium battery-powered products. A person may be injured by the chemicals in the battery or from the fire itself when these batteries overheat, explode, or catch on fire.
There are several different types of burns:
- Chemical burns or caustic burns are caused by chemicals and acids like chlorine and battery acid.
- Electrical burns are caused by charged metals and wiring and high voltage shocks.
- Inhalation burns result from breathing in smoke, which can affect both the eyes and the lungs.
- Radiation burns can result from tanning beds or lasers.
- Scalds are caused by hot liquids or steam.
- Thermal burns result from direct contact with hot surfaces or open flames.
Burn injuries are further classified by severity:
- A first degree burn affects the top layer of skin, the epidermis. A first degree burn can heal without medical attention, but is still painful and may result in red, inflamed, and swollen skin.
- A second-degree burn affects both the epidermis and the dermis (middle layer) of skin. With a second-degree burn, you will likely need to seek medical treatment for blistering and scarring.
- A third-degree burn extends beyond all three layers of skin to the underlying tissue and muscle. With this type of wound, there is a serious injury of infection and sepsis. A third-degree burn always requires medical attention.
- Fourth-degree burns can reach the organs and bones and are often fatal. A fourth-degree burn requires immediate medical attention.
If you have suffered any degree of burn in an accident, you may be able to file a personal injury lawsuit against the at-fault party. Our skilled Charleston burns injury attorneys can help you determine if you have a claim and give you a ballpark estimate of the value of your case during a free initial consultation.
Filing a Lawsuit for a Burn Injury in Charleston, WV
If you have suffered a burn injury in an accident, then you may be able to file a claim against the responsible party. The specific type of claim will be based on how you were injured.
There are three types of claims associated with burn injuries. First, you can file a personal injury claim if your injury was caused by someone’s negligent, intentional, or reckless conduct. For example, if you were burned when your car caught on fire after an automobile accident, then you could file a claim against the at-fault party and their insurance company.
Second, if a dangerous or defective product caused your injuries, then you can file a product liability case against the manufacturer, retailer, or distributor of that product. These claims are a type of personal injury case but have a different legal standard. An example of a burn case involving a dangerous or defective product is a rechargeable battery that caught on fire. Alternatively, you may be able to file a lawsuit against the manufacturer of a cleaning product that failed to warn about the danger of chemical burns from using the product.
Third, if you suffered a workplace injury – such as a construction site accident – then you may be able to file either a workers’ compensation or a personal injury claim. Typically, employees who are hurt at work are limited to filing a claim through West Virginia’s workers’ compensation system. However, if you were hurt by a third party – such as an employee of another subcontractor on the site – or if your claim meets certain criteria, then you can file a personal injury lawsuit for your losses.
After a burn accident, the most important thing to do is to get medical treatment and focus on your healing. Once you are able to do so, however, you should schedule a free consultation with a Charleston burn injury lawyer. During this appointment, they will listen to your story and advise you of your legal rights and options.
If you decide to pursue legal action, your lawyer will get to work immediately. They will research West Virginia case law to determine who might be liable for your injuries. They will also investigate the facts of the case, interviewing witnesses, reviewing photos and videos, analyzing insurance policies, and more.
The next step involves filing a claim with the at-fault party’s insurance company. This is typically done through a demand letter, which sets out the facts of the case and the legal reasons why the insured is responsible. The letter then demands damages (compensation).
The insurance company will perform its own investigation and will often respond with a counteroffer. Most personal injury cases are resolved outside of the courtroom. However, it may still be necessary to file a lawsuit to preserve your rights under West Virginia’s statute of limitations law.
The best way to get the financial compensation that you deserve is by working with a Charleston burn injury attorney. Whether you file a personal injury lawsuit, a product liability claim, or a workers’ compensation claim, our legal team will fight to get you maximum compensation for your losses.
Compensation in a Burn Injury Case
In a personal injury case, you may be able to recover money for all of your losses. This usually includes compensation for your losses through economic and non-economic damages. If the responsible party acted intentionally or recklessly, a jury may also award punitive damages as a way to penalize them for their conduct.
Economic damages pay for direct financial losses. This may include money for property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment. Economic damages are usually fairly easy to prove through documentation like pay stubs, car repair estimates, and invoices for medical care.
Non-economic days compensate an accident victim for intangible losses. Examples of non-economic damages include pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life. In a burn injury case, non-economic damages are particularly important because a person may never fully recover physically or emotionally from a burn.
Insurance companies often downplay non-economic damages because they are more difficult to quantify. Nevertheless, there is no denying that if you have scarring, are disfigured, or disabled from a burn, your life is affected in more ways than simply paying medical bills. Our Charleston burn injury lawyers will use their experience and legal acumen to help our clients get full compensation for all of their losses – including non-economic damages.
In some cases, punitive damages may be appropriate. If the at-fault party acted intentionally or recklessly – such as in a drunk driving accident – then a jury might award punitive damages to punish them. In West Virginia, there is a cap on punitive damages of $500,000 or 4 times compensatory (economic + non-economic) damages – whichever is greater.
Studies show that accident victims recover an average of 40% more in personal injury claims when they are represented by legal counsel. If you want to get top dollar for your burn injuries, we’re here to help. Contact our law offices to schedule a free consultation with a member of our legal team.
Contact a West Virginia Burn Injury Law Firm Today
Burn injuries can be devastating – and life-changing. These types of injuries can leave both physical and emotional scars. If you have been burned in any type of accident, we’re here to help.
From our law offices in Charleston, Johnstone & Gabhart advocates for accident victims throughout West Virginia. We handle all cases on a contingency fee basis so you won’t pay a fee unless you recover money in a settlement or verdict at trial. To learn more or to schedule a free consultation with a Charleston burn injury lawyer, give us a call at 304-343-7100 or fill out our online contact form.
