Can You Sue for First Degree Burns?
Yes. As in any personal injury case, you will have to show the court that someone was negligent or strictly liable or that something was defective, that that someone or something caused your burn injury, and that you have suffered damages as a result.
A first degree burn is the least severe type of burn, yet they can be painful and difficult to treat in many cases, such as when skin color is changed permanently or the location of the burn is near a delicate area such as the lips, eyes, or genitals. First degree burns, like the more serious second- and third-degree burns, can be life-changing if the disfigurement caused by the burn cannot be fully repaired. Burn treatments such as skin grafts take months or even years to complete. In the meantime, burn victims suffer both physically and emotionally.
If you’ve been burned and it is someone or something’s fault, even if you think it only a first degree burn, call the Philadelphia personal injury lawyers at The Villari Law Firm PLLC at 215-372-8889 to discuss your case, free of charge. We have helped many burn victims in the Philadelphia area and South Jersey get the compensation they deserve, and we can help you too.
Understanding If You Have a Valid Claim
If you were burned due to someone’s negligence or intentional wrongdoing, you may have a valid personal injury claim, medical malpractice claim, premises liability claim, or defective product claim; work place injury; chemical exposure claim; industrial or construction accidents.
When there is a doctor-patient relationship, it is a simple matter to show that a doctor owes a duty of care to their patient in a medical malpractice lawsuit. But did you know that those who own, maintain, or lease property also have a duty of care to those that visit that property, and that in the case of extremely hazardous hazards on the property, perhaps strict liability?
Did you know that those who manufacture, distribute, or sell products are strictly liable to those who purchase and use those products and are injured due to design defect, manufacturing defect, or lack of warnings or instruction for use?
Individuals, institutions, and companies can be held liable for someone’s burn injuries. If you were burned and believe it was someone’s fault, call us. We investigate your claim and, if you have a valid claim for damages, vigorously pursue your claim in settlement negotiations and in court.
Filing a Lawsuit for a First Degree Burn
Before filing a lawsuit, your personal injury attorney will investigate to ensure that your claim falls within the statute of limitations, that you have damages, that someone caused or contributed to your damages, and that that someone owed you a duty of care or is strictly liable for your injuries.
Once we complete our investigation and find that you have a valid claim, we can file suit and contact the defendant’s insurance company to commence settlement negotiations.
Types of Burns
Chemical Burns
If chemicals such as an acid or a base contact skin, they will burn. Common household cleaners such as drain clog solutions, toilet bowl cleaners, and oven cleaners contain either bleach, ammonia, or some other strong chemical that can burn skin upon contact. Manufacturers of these products are required to include the appropriate warnings on the bottle for consumers.
Electrical Burns
Electrical burns are a common workplace injury and are compensable under the worker’s compensation system rather than litigating in court. If, however, someone not working on site suffers electrical burns, for example, someone passing a construction site or visiting a restaurant, that person may have a personal injury claim or a premises liability claim.
Electrical burns also occur frequently in the home. For example, if an appliance that is plugged in falls into water or has faulty wiring, someone inexperienced attempts to change a light fixture, or a family pet chews an electrical cord.
Radiation Burns
Radiation burns cause skin to become red and perhaps blister, and can in high doses or prolonged exposure cause cancer.
A common radiation burn is overexposure to the sun’s radiation, causing sunburn. Overexposure to radiation can also occur during radiation therapy or the administration of X-rays, which may give rise to a medical malpractice lawsuit or a product liability lawsuit.
Thermal Burns
Thermal burns are caused by the skin’s contact with a hot surface or substance such as a flame, steam, hot water, dry heat, and heated surfaces or objects. Thermal burns occur frequently in kitchen accidents, home fires, car accidents, truck accidents, and motorcycle accidents, and often manifest as skin blistering and the resulting scarring.
Sources of Burns
Defective Product Burns
If a substance that may burn the skin on contact is sold without the required warnings or instructions for use, someone burned using that product can sue the seller, the distributor, the manufacturer, and perhaps others.
If a product was designed with a defect and someone was burned using it, they too have a claim against these same parties. So too has someone burned by a product that had a manufacturing defect.
Chemical Burns at Work
If you suffer a burn at work, tell your supervisor, manager, or employer as soon as you can and seek medical attention from the doctor specified by your employer. You may have a worker’s compensation claim, or, if you were burned intentionally, a personal injury claim against your assailant.
Construction & Industrial Accidents
Workers burned by electric shock or an explosion at a construction site may have a workers’ compensation claim and third party-claims. Furthermore, if faulty equipment was the cause of your burn, you may have other valid claims such as product liability. If you are a bystander or merely visiting the site and are burned, you may have a valid claim for damages under multiple legal theories, including premises liability.
Potential Compensation for Burn Injury Victims
Burn injury victims can recover monetary compensation for:
- Past and future medical expenses
- Pain and suffering
- Permanent scarring or disfigurement
- Loss or enjoyment of life
- Loss of consortium
The family of a burn injury victim who dies from their injuries may have a wrongful death claim.
How a Personal Injury Lawyer Helps Your Burn Injury Case
First, don’t downplay the severity of your injury. A burn may be more severe than it first seems, such as radiation burns or electrical burns that affect multiple layers of skin.
If someone or something caused your burn injury, call us for help. We will discuss your case with you free of charge, and if you have an actionable claim, we will pursue it on a contingency basis, meaning, we do not get paid unless and until you do. Let us help you get the compensation you deserve.
