Burn Injury Claims: How To Prove Liability And Damages
Burn injuries can be devastating; they can leave victims with physical and emotional scars that last a lifetime. Did you know that each year, about 486,000 burn injuries in the United States require medical treatment? If you’ve suffered a burn injury because of someone else’s negligence, you might be entitled to burn injury compensation. (1)
But how do you prove liability and damages in a burn injury claim? Read on as this article will guide you through the process, helping you understand what it takes to build a strong case and secure the compensation you deserve.
Learn the Types of Burn Injuries
First, you have to know the different types of burn injuries. Burns are divided into four degrees:
- First-degree burns: These impact just the epidermis, or top layer of skin. They typically heal in about 3-7 days.
- Second-degree burns: These extend into the dermis, the skin’s second layer. They’re characterized by intense pain and often result in blistering.
- Third-degree burns: These injuries destroy the epidermis and dermis completely. They may also affect subcutaneous tissue and can lead to nerve damage.
- Fourth-degree burns: The most severe category, these burns penetrate beyond the skin layers. They can cause significant harm to muscles and tendons and even reach the bone.
Familiarizing the severity of your burn is vital in proving damages and determining the appropriate burn injury compensation.
Collect Evidence
To win your burn injury claim, you’ll need to prove that someone else was responsible for your injury. Your lawyer should work quickly and diligently to preserve valuable and helpful evidence:Document the Scene
If possible, you should take photos or videos of the accident scene immediately after the incident. This visual evidence can be invaluable in establishing liability. Capture any hazardous conditions, faulty equipment, or other factors that contributed to your burn injury.Collect Witness Statements
Eyewitness accounts can substantially strengthen your case. Your lawyers will take steps to find and collect key factual information from anyone who saw the accident happen or has other information relevant to your case. This testimony can help corroborate your version of events and prove liability.Consider seeking help from legal firms like Grossman Green PLLC or other law firms that specialize in personal injury cases. An experienced burn injury lawyer can guide you through the process of collecting and utilizing witness testimony to bolster your claim. They can also help you identify key witnesses you might have overlooked, ensuring you build the strongest burn injury case possible.
Obtain Incident Reports
If your burn injury occurred at work or in a public place, there might be an official incident report. Your attorney should immediately ask for a copy of this report. It can show crucial details about the circumstances surrounding your injury and may help identify responsible parties.Preserve Physical Evidence
Keep any clothing or personal items that were damaged in the incident. These items can serve as tangible evidence of the severity of your burn and the circumstances under which it occurred. Store them in a safe place and avoid washing or altering them in any way.Consult The Experts
In most cases, your attorney will need to consult with experts to prove liability. For example, if your burn was caused by a faulty product, a product safety expert can help determine product liability that led to your injury.Remember, the strength of your evidence can significantly influence the outcome of your claim, so be diligent and thorough in your efforts to prove liability.
Document Your Damages
Proving damages is just as important as establishing liability. Here’s how to document the full extent of your losses:Keep Detailed Medical Documents
Keep all documents related to your burn injury treatment, including emergency room visits, hospital stays, surgeries, medications, physical therapy sessions, and others. These records will help demonstrate the severity of your injury and the extent of your medical expenses. According to WHO (World Health Organization), the average healthcare cost of a severe burn injury can range between USD$704 to USD$717,306. (2)Track Your Lost Wages
If your burn injury has caused you to miss work or reduced your earning capacity, it’s essential to document these losses. Keep records of pay stubs showing your pre-injury income, documentation of missed workdays, and any correspondence with your employer about your injury and time off. You may also include the estimates of future lost earnings if you’re unable to return to your previous job.Calculate Pain and Suffering
While harder to quantify, pain and suffering damages can be a significant part of your claim. So, keep a daily journal documenting your physical pain levels, emotional distress, changes in your relationships, and any loss of enjoyment in life. This personal account can help paint a vivid picture of how the burn injury has affected your quality of life.From medical records to lost wages and pain and suffering, each piece of documentation tells a part of your story and could make all the difference in the final outcome of your claim.
Consider Long-Term Impacts
Burn injuries can have lasting effects that may not be immediately apparent. When calculating damages, consider potential long-term impacts such as:- Future medical treatments or surgeries
- Ongoing physical therapy or rehabilitation
- Psychological counseling for trauma or body image issues
- Adaptive equipment or home modifications
- Lost earning potential over your lifetime
A 2022 study reports that 16.8% of survivors with severe burn injuries showed symptoms of PTSD three years after the fire incident. This underscores the lasting psychological toll these injuries can take. So, consider these long-term effects to ensure you receive adequate compensation. (3)
Key Takeaway
Proving liability and damages in a burn injury claim requires careful documentation, thorough investigation, and, often, professional legal assistance. While the journey to justice may be challenging, with persistence and the right approach, you can hold negligent parties accountable and secure the resources you need for your recovery.References:
1. “Western Trauma Association critical decisions in trauma: Preferred triage and initial management of the burned patient”, Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7988822/2. “Burns”, Source: https://www.who.int/news-room/fact-sheets/detail/burns
3. “Long-term mental health outcomes of severe burn injury: A 5-year follow-up of the 2015 Formosa Fun Coast Water Park fire disaster”, Source: https://www.sciencedirect.com/science/article/abs/pii/S0163834322000135
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Posted - 10/18/2024
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