Compensation for Burn Injury Victims

According to the American Burn Association, there are approximately 486,000 burn injuries each year in the United States. Burn injuries are often life-altering for victims. After long and difficult recovery processes, many burn injury victims suffer both physical and emotional scarring. 

At the Cottle Firm, our Henderson personal injury lawyers are committed to advocating for burn injury victims. Some burn injuries only occur due to the negligence of another party, such as a property owner who failed to address fire hazards. In such cases, the victim may have grounds for a personal injury claim against the negligent party. 

If you believe your burn injury was caused by negligence, contact the Cottle Firm today at  702-722-6111 to discuss your legal options in a free consultation.

Types and Degrees of Burns

Burn injuries are categorized based on the amount of physical damage they cause, with first-degree as the most minor and fourth-degree as the most severe. Each type of burn has distinct characteristics and treatment regimens.

First-Degree

First-degree burns only affect the outer layer of skin, known as the epidermis. These burns usually result in redness, mild swelling, and pain. The skin may also be dry and sensitive to touch. 

First-degree burns are often caused by brief contact with hot objects or surfaces, such as scalding from hot liquids, and minor contact with hot objects like irons and stoves. Most sunburns are also first-degree burns, but severe cases may be considered second-degree.

Treatment for first-degree burns includes cooling the burn with running water, applying aloe vera or moisturizing lotions, and taking over-the-counter pain relievers. Most first-degree burns heal within about a week without scarring.

Second Degree

Second-degree burns damage both the epidermis and the underlying layer of skin called the dermis. These burns cause redness, blisters, severe pain, and swelling. The skin may appear wet or shiny. Blisters can also burst, which sometimes causes infections.

Recommended treatments typically include running cool water over the burn, applying antibiotic ointments, covering with sterile dressings, and taking pain relievers and anti-inflammatory medications. Recovery can take several weeks, and there is a risk of scarring and pigmentation changes. In some cases, skin grafting may be necessary.

Third-Degree

Also known as full-thickness burns, third-degree burns destroy both the epidermis and dermis and may extend into deeper tissues. The skin may appear white, charred, leathery, or waxy. The burn area is often numb due to nerve damage.

Third-degree burns require immediate medical attention. Treatments may include intravenous (IV) fluids to maintain hydration and blood pressure, antibiotics to prevent infection, pain management, wound care, and surgical interventions like skin grafting and reconstructive surgery.

The recovery period is long and arduous for many victims. It may involve physical therapy, rehabilitation, and long-term care to manage scarring and restore the functions of the affected areas.

Fourth-Degree

Fourth-degree burns extend beyond the skin into the muscles, bones, and tendons. These burns cause significant tissue damage, and the affected area may appear blackened or charred. Fourth-degree burns are often life-threatening and can lead to permanent disability.

Treatment for fourth-degree burns is intensive and involves:

• Immediate emergency medical care
• Aggressive fluid resuscitation and infection control
• Multiple surgical procedures, including debridement, skin grafting, and reconstructive surgery
• Long-term rehabilitation and physical therapy

Many fourth-degree burn victims require lifelong medical care and support to address both physical and psychological ailments.

Consequences of Burn Injuries for Victims

According to a study published in the National Library of Medicine, burn injuries can have long-term implications for the victim’s health and quality of life. The severity of the burn, the location on the body, and the victim’s overall health all influence the extent of these consequences.

Physical Consequences

Burn injuries often carry severe and long-lasting physical consequences, such as:

• Scarring and Disfigurement: Burns often result in visible scarring. Disfigurement involves permanent changes to the victim’s physical appearance, including their facial features, limbs, and other body parts.

• Limited Mobility: Some burn injuries result in contractures, where the skin and underlying tissues tighten and restrict movement. This is especially common when burns affect joints, such as the knees, elbows, or fingers.

• Chronic Pain: Many burn victims suffer from chronic pain related to nerve damage. This pain can be debilitating and may require ongoing treatment and pain management strategies.

• Long-Term Medical Needs: Severe burns often require extensive medical care, including multiple surgeries. Victims may also require ongoing physical therapy and rehabilitation to regain function and strength.

• Infection Risks: Burn injuries damage the skin’s protective barrier, which increases the risk of infections. Severe burns can lead to sepsis, a life-threatening response to infection that requires immediate medical attention.

Emotional and Psychological Impact

The emotional and psychological toll of burn injuries can be just as devastating as the physical impact. Victims often suffer from the following emotional and psychological difficulties:

• Post-Traumatic Stress Disorder (PTSD): The trauma of suffering a burn injury can result in PTSD. This condition is characterized by flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the incident.

• Depression and Anxiety: The drastic changes in appearance, physical capabilities, and lifestyle can lead to depression and anxiety. Victims may feel isolated, helpless, or hopeless.

• Body Image Issues: Scarring and disfigurement can drastically affect a victim’s body image and self-esteem. Social interactions and relationships may become strained as the victim copes with changes in their appearance and how others react to those changes.

Social and Economic Effects

Burn injuries also have major social and economic consequences for many victims. The physical limitations and medical needs associated with burn injuries can affect a victim’s ability to work. Some may need to take extended leave from their jobs, while others may be unable to return to their previous occupations.

Many victims suffer financial difficulties due to the cost of medical treatment, rehabilitation, and ongoing care. They may face substantial medical bills, loss of income, and additional expenses related to their recovery and daily living needs.

The emotional and psychological effects of burn injuries can strain relationships with family members, friends, and colleagues. Caregivers and loved ones may also experience stress and emotional challenges while supporting the victim through their recovery.

Liability for Burn Injuries

In burn injury cases involving negligence, victims may have legal avenues for pursuing financial compensation. 

Negligence

When a party fails to exercise reasonable care and this failure results in an injury to another person, that party may be considered negligent. To establish negligence in a burn injury case, the victim must prove the following four circumstances apply:

• Duty of Care: The defendant owed a duty of care to the victim, meaning they were legally obligated to adhere to a reasonable standard of care and prevent foreseeable harm to others.
• Breach of Duty: The defendant breached their duty of care either through action or inaction. 
• Causation: The breach directly caused the victim’s burn injury.
• Damages: The victim suffered damages as a result of the injury.

Examples of negligence that can lead to a burn injury include faulty wiring in a rental property, lack of proper safety measures in a workplace, or failure to maintain safe conditions in a public space.

Premises Liability

All types of property owners are legally obligated to ensure the safety of their properties. If unsafe conditions lead to a burn injury, the property owner could be held liable under premises liability. 

There are four main elements of a premises liability claim in Nevada:

• Unsafe Condition: There was a hazardous condition on the property.
• Knowledge: The property owner knew or should have known about the condition.
• Failure to Remedy: The property owner failed to repair or provide warnings about the condition.
• Injury: The unsafe condition caused the victim’s injury.

Examples include a lack of fire exits in a building, malfunctioning smoke detectors, or improperly stored flammable materials.

Product Liability

Product manufacturers have a legal duty to ensure the safety of their products. When a defective product causes a burn injury, the victim may have grounds for a product liability claim. There are three main grounds for product liability claims in Nevada:

• Design Defects: The product’s design is inherently dangerous or flawed.
• Manufacturing Defects: The product was incorrectly manufactured, making it unsafe.
• Failure to Warn: The product lacked adequate warnings or instructions about potential hazards.

To file a successful product liability claim for a burn injury, the victim must show that the product was defective, that this defect caused the injury, and that the product was being used as intended.

Workers’ Compensation

All Nevada employers are legally required to provide workers’ compensation benefits to employees. If you suffer a burn injury at work, you are entitled to worker’s compensation benefits for medical treatment and payments for two-thirds of your average weekly wage. If your employer failed to provide workers’ comp coverage, you may have grounds for a lawsuit.

Compensation in Burn Injury Claims

Bun injury victims may be entitled to various types of compensation to address the extensive physical, emotional, and financial damages of their injuries. 

Medical Expenses

Burn injuries often require extensive and ongoing medical treatment, which can be extremely costly. Victims can seek compensation for all medical expenses related to their injuries, including:

• Emergency room visits
• Hospital stays
• Surgeries and procedures
• Rehabilitation and therapy
• Medication and medical supplies
• Future medical care

Lost Wages

Burn injuries can affect a victim’s ability to work and may lead to lost income. Compensation for lost wages may include past lost wages from the recovery period when the victim was unable to work and future lost wages if the victim’s injuries result in long-term or permanent disability that affects their ability to work.

Pain and Suffering

The physical and emotional pain and suffering associated with a burn injury can be compensated for in a burn injury claim. Pain and suffering damages may include compensation for intense physical pain suffered during and after the injury, emotional distress (such as anxiety, depression, or PTSD), and loss of enjoyment of life if the victim can no longer engage in activities and hobbies they once enjoyed.

Disfigurement and Scarring

Victims who suffer disfigurement or permanent scarring may recover compensation for the psychological impact of these conditions and the costs associated with reconstructive surgery needed to reduce disfigurement and improve appearance. 

Loss of Consortium

Burn injuries can affect the victim’s relationships with their spouse or family members. Damages may be awarded for the impact on the marital relationship, including loss of companionship, affection, and support. Compensation may also be available for the impact on relationships with children and other family members.

Punitive Damages

In cases where the burn injury resulted from particularly reckless or malicious behavior, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

Legal Process for Burn Injury Claims in Nevada

If you wish to take legal action for a burn injury, you will need to take several critical steps. Understanding this process can help you prepare and increase your chances of a successful claim.

Consultation with an Attorney

Burn injury victims should strongly consider speaking with a personal injury attorney who has experience in burn injury claims. During an initial consultation, the attorney will evaluate the case by assessing the details of the injury, the circumstances leading to it, and the potential for a successful claim. They will also inform the victim of their legal rights, the types of compensation they may be entitled to, and potential legal strategies.

Investigation and Evidence Gathering

A thorough investigation is the backbone of any burn injury case. This involves collecting evidence like medical records, photos of the injury, witness statements, and other relevant documentation. The attorney may seek expert testimony from medical professionals, fire investigators, or safety experts. The lawyer will use the findings of their investigation to establish liability for the burn injury.

Filing the Claim

Once sufficient evidence has been gathered, the attorney will file a claim on behalf of the victim. They will draft and submit a complaint that outlines the facts of the case, the legal grounds for the claim, and the compensation sought.

Negotiation and Settlement

Many burn injury cases are resolved through negotiation and settlement before going to trial. Your attorney will negotiate with the defendant or their insurance company to reach a fair settlement. In some cases, mediation may be used to facilitate negotiations and help the parties reach an agreement. If a fair settlement cannot be reached through negotiation, the case may be brought to trial.

Discuss Your Case With Our Henderson Burn Injury Lawyers

If you or a loved one has suffered a burn injury due to negligence, you deserve and are entitled to financial compensation for related damages. At the Cottle Firm, we understand the profound impact a burn injury can have on your life and are dedicated to helping victims secure the compensation they deserve. Contact our Henderson burn injury lawyers today for a free consultation to discuss your case.