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Burns can be especially horrific injuries. They sometimes cause permanent injuries and scarring along with a lifetime of pain and suffering. When burns happen due to negligence, it may be possible for the you to obtain compensation for your injury. This is very helpful in the case of serious damage, where you may require a lifetime of expensive medical care.
If you suffered a serious burn and wonder if a lawsuit is appropriate, it is important to look at where and why you got hurt:
If you are burned at work, you are covered under the workers’ compensation system. Your employer’s insurance should pay for your medical treatment and wages. Depending on your injuries you may be entitled to a specific loss settlement. In workers’ compensation cases it does not matter if your injury is due to your own conduct or the employer’s. In addition, if an unsafe product burned you, you may have a product liability case. We call this a third-party suit. These suits are separate from your workers’ compensation claim. This is why it is wise to hire a firm that handles both workers’ compensation and personal injury for your case.
Some batteries catch on fire. This can lead to serious injuries. Many of these cases are covered under product liability.
If you are injured in your own home we need to examine what happened. If you simply made a mistake and got burned, no one will be liable for your injuries. The same is true if you do not keep your property properly maintained and are injured. Your homeonwer’s insurance will likely help with your property damage in such cases. However, if an unsafe product hurt you, you may have a product liability case. Similarly, if you hire a company to do work in your home and they fail, resulting in harm to you, that company may be liable.
When you are burned on someone else’s property, whether it is a business or a home, the owner of that property may be liable to you for your injuries. In order for you to recover for your burns, someone, besides you, must have been negligent. For example, if you rent your home and a landlord allows a dangerous condition you may have a premises liability case. The same is true if you are in anyone else’s home or business. In addition, if you encounter a dangerous product and suffer a burn, you may have a product liability case against the seller or manufacturer of the item which hurt you. Most home and property owners have insurance to cover injuries on or in their property. This means that even if you are injured in a friend or family member’s home, you may be able to receive compensation from their insurance company.
In most cases, in order to bring a lawsuit, your burn must be serious. Workers’ compensation covers any type of burn.
Sometimes people are burned during car crashes. If this happens to you and someone else caused the accident, your case is a traditional car crash case. If something in the car operated incorrectly, such as the airbags, and burned you, the case may be a product liability claim.
If someone assaults you and intentionally burns you, the first step is to call the police. In an intentional case, not only might you receive traditional personal injury damages, but you also might be eligible for punitive damages. Punitive damages are available when someone intentionally or with gross negligence causes you harm.
In order to pursue a burn lawsuit, the injury needs to be relatively serious in nature. A small burn which did not cause serious damage is unlikely to be enough to sustain a lawsuit. Burns which are substantial and/or cover a great deal of your body are the type which are likely to be the basis of a burn lawsuit.
If you were seriously burned because of a dangerous product or someone else’s negligence, we can help you. For over 40 years, Lowenthal & Abrams has represented injury victims in premises liability and product liability cases. If you were burned at work and required medical care and missed work, our workers’ compensation team is here to help. Reach out to our personal injury and workers’ compensation staff today to learn about your rights. The consultation is free and there is no fee unless you are compensated.
LOWENTHAL AND ABRAMS, P.C.
Contact us for a FREE consultation. No fee unless compensated.