If you have suffered a burn injury due to someone else's negligence, you may be entitled to compensation. The Ann Arbor burn injury lawyers at Christopher Trainor & Associates are here to help you get what you are due. Contact us today at 248-886-8650 or fill out our online form for your free consultation.
At some point in our lives, most of us have experienced a burn of some kind. Whether it be from accidentally touching a hot stove or simply spending too much time in the sun, most people know how uncomfortable or painful even a minor burn can be.
But burns are a real threat to our safety and are, in fact, the fifth most common cause of accidental death in children and adults. An estimated 3,500 people a year die as a result of burn injuries, and this does not include the thousands more who experience long-term effects or life-altering changes due to their injuries.
If you've suffered serious burn injuries, you may be facing insurmountable medical expenses, you may be unable to work, and your life may be forever changed. The legal team at Christopher Trainor & Associates firmly stands by you and your right to compensation. We know that no amount of money will take away your pain, but our Ann Arbor burn injury lawyer can help ease your financial burden so that you can focus on the things that really matter.
Types of Burns
Burns are injuries caused by exposure to heat, chemicals, electricity, radiation, or friction, affecting the skin and underlying tissues to varying degrees. Understanding the different types of burns, classified by their cause and severity, is crucial for effective prevention and treatment.
Thermal Burns: Caused by direct contact with heat sources like fire, hot liquids, steam, or other hot objects. These are the most common types of burns.
Chemical Burns: Result from exposure to strong acids, alkalis, or other corrosive substances. These burns can continue to cause damage until the chemical is thoroughly removed.
Electrical Burns: Occur when an electrical current passes through the body. These burns can cause extensive internal damage, even if there is little visible damage to the skin.
Radiation Burns: Caused by exposure to radiation, such as from the sun (sunburns), radiation therapy for cancer treatment, or exposure to radioactive materials.
Friction Burns: Result from skin rubbing against a rough surface, causing both abrasion and heat damage. Examples include road rash from motorcycle accidents.
Cold Burns (Frostbite): Occur when the skin and underlying tissues freeze, typically due to prolonged exposure to cold temperatures.
Each type of burn requires unique treatment and will affect a burn victim in different ways. Once you have been treated for your injuries, consult an Ann Arbor burn injury lawyer to learn more about your next steps.
Common Causes of Burn Injuries
Burns can result from various sources, each requiring specific preventative measures and treatments. Here are some of the most common causes:
Fire/Flames: Contact with open flames from sources such as house fires, campfires, or fireworks.
Hot Liquids (Scalding): Burns from boiling water, hot beverages, or steam. These are particularly common in kitchens and bathrooms.
Hot Objects: Touching hot surfaces or objects like stoves, ovens, irons, or heated tools.
Steam: Exposure to steam from industrial equipment, kitchen appliances, or steam pipes.
Acids and Alkalis: Contact with strong acids like sulfuric acid, hydrochloric acid, or battery acid, or strong bases like lye, ammonia, or cleaning agents.
Industrial Chemicals: Burns from chemicals used in manufacturing processes or laboratory environments.
Electrical Currents: Contact with electrical wiring, outlets, or electrical equipment. High-voltage injuries from power lines or lightning strikes, and shocks from malfunctioning appliances.
Sun Exposure: Overexposure to ultraviolet (UV) radiation from the sun, leading to sunburn.
Abrasion: Skin rubbing against a rough surface, such as road rash from a motorcycle or bicycle accident.
Extreme Cold: Prolonged exposure to freezing temperatures, often affecting extremities like fingers, toes, ears, and nose. Also includes direct contact with very cold objects, such as dry ice or liquid nitrogen.
Prevention and Safety Tips
Fire Safety: Install and maintain smoke detectors, have fire extinguishers readily available, and develop an evacuation plan.
Kitchen Safety: Keep pot handles turned inward, supervise children in the kitchen, and use caution with hot liquids and appliances.
Chemical Handling: Use appropriate protective gear, store chemicals safely, and follow safety protocols.
Electrical Safety: Regularly inspect electrical cords and appliances, avoid overloading outlets, and educate about electrical safety.
Sun Protection: Use SPF sunscreen, wear protective clothing, and avoid too much sun exposure, especially during peak hours.
Cold Weather Protection: Dress in layers, cover exposed skin, and limit time spent in extreme cold conditions.
General Awareness: Educate about burn risks in various environments and encourage safe practices.
Burns can arise from various sources, each presenting unique risks and requiring specific preventative measures. Awareness and education about common causes of burns are crucial in reducing the incidence and severity of these injuries. Proper safety practices and immediate, appropriate responses can significantly mitigate the impact of burns and improve outcomes for those affected.
Degrees of Burns
Burns are classified by degrees based on their severity and the extent of damage they inflict on the skin and underlying tissues. These degrees range from mild, affecting only the outer layer of the skin, to severe, causing deep tissue damage and potentially life-threatening complications.
First-Degree Burns: Affect only the outer layer of the skin (epidermis). Symptoms include redness, minor swelling, and pain. These burns usually heal within a week without scarring. Sunburn is a common example.
Second-Degree Burns: Involve both the epidermis and the second layer of skin (dermis). Symptoms include intense pain, redness, swelling, and blistering. Healing may take several weeks, and there may be some scarring.
Third-Degree Burns: Extend through the entire dermis and affect deeper tissues. The skin may appear white, blackened, or charred. These burns may not be painful initially due to nerve damage. They require extensive medical treatment and often result in significant scarring and potential loss of function.
Fourth-Degree Burns: The most severe, these burns go beyond the skin and affect muscles, ligaments, tendons, and even bones. These burns are life-threatening and often require amputation and long-term rehabilitation.
Treatment and Management
First-Degree Burns: Typically treated with cool water, aloe vera, and over-the-counter pain relievers.
Second-Degree Burns: May require medical attention to clean and dress the wounds, manage pain, and prevent infection.
Third- and Fourth-Degree Burns: Require immediate emergency medical treatment. Interventions may include intravenous fluids, antibiotics, pain management, surgical debridement, skin grafts, and extensive rehabilitation.
Understanding the different degrees of burns is crucial for appropriate first aid, medical treatment, and long-term care, ensuring the best possible outcomes for those affected.
Liability for Ann Arbor Burn Injuries
Burn injuries can occur in various settings, and determining liability involves identifying the parties responsible for creating or failing to prevent hazardous conditions. Here are potential liable parties for burn injuries in Ann Arbor:
Employers
Workplace Safety: Employers are responsible for maintaining a safe work environment. If they fail to provide proper safety equipment, training, or maintenance, they can be held liable for workplace burn injuries.
Workers' Compensation: Employees injured on the job may be entitled to workers' compensation benefits, but in some cases, third-party lawsuits against contractors or equipment manufacturers may also be viable.
Product Manufacturers and Sellers
Defective Products: Manufacturers and sellers can be liable if burn injuries result from defective products, such as malfunctioning electrical appliances, faulty heating devices, or chemical products lacking proper warnings.
Failure to Warn: Liability may arise if products do not include adequate instructions or warnings about potential burn hazards.
Property Owners and Landlords
Premises Liability: Property owners are responsible for ensuring their premises are safe. If burns occur due to unsafe conditions like faulty wiring, exposed heating elements, or dangerously hot water, the property owner can be held liable.
Negligence in Maintenance: Landlords can be liable if they fail to address known hazards or comply with safety regulations in rental properties.
Drivers and Vehicle Manufacturers
Vehicle Accidents: If burns result from a vehicle accident, the at-fault driver can be held liable. Additionally, burns caused by car fires or explosions may lead to liability.
Manufacturing Defects: Vehicle manufacturers may be liable if design flaws or manufacturing defects, such as fuel tank issues, lead to burns.
Medical Professionals and Institutions
Medical Malpractice: Healthcare providers can be liable for burns resulting from negligence, such as improper use of medical devices, failure to follow safety protocols during treatments involving heat or radiation, or administering treatments without adequate warnings.
Contractors and Subcontractors
Construction Sites: On construction sites, contractors and subcontractors can be held liable for burn injuries if they fail to implement or enforce safety measures, provide proper protective gear, or maintain equipment.
Burn injury cases can be complex, involving multiple parties and intricate details. Consulting with an experienced Ann Arbor burn injury lawyer is crucial for victims to identify liable parties, gather evidence, and pursue appropriate compensation.
Proving Negligence
To establish liability for burn injuries, it is necessary to prove that someone else was negligent. Here are the elements involved in proving this assertion:
Duty of Care: The responsible party had a duty to ensure the safety of the victim.
Breach of Duty: The party failed to meet this duty through negligence or omission.
Causation: The breach directly caused the burn injury.
Damages: The victim suffered actual damages, such as medical expenses, lost wages, pain, and suffering, as a result of the burn.
Michigan's Comparative Fault Laws
Michigan's comparative fault system affects how damages are awarded in personal injury cases, including burn injuries. The state follows a modified comparative fault rule with a 51% threshold, meaning an injured party can recover damages as long as they are not more than 50% at fault. If found 51% or more at fault, they cannot recover any damages.
If an injured party is partially at fault (less than 51%), their compensation is reduced by their percentage of fault. For example, if awarded $100,000 in damages but found 30% at fault, the injured party would receive $70,000. Judges or juries determine fault based on the evidence, considering each party's actions. The comparative fault rule also influences settlement negotiations, with parties considering potential fault shares. Understanding Michigan's comparative fault laws is crucial for fair compensation. An experienced attorney can help navigate these complexities, ensuring rightful compensation adjusted for fault.
Compensation for Ann Arbor Burn Injuries
Burn injuries can have devastating physical, emotional, and financial impacts. Victims of burn injuries in Ann Arbor may be entitled to compensation to cover various losses. Compensation can be divided into economic and non-economic damages.
Economic Damages
Medical Expenses: Compensation for all medical costs related to the burn injury. This includes hospitalization, surgeries, medication, rehabilitation, and ongoing treatment.
Lost Wages: Reimbursement for income lost due to the inability to work following the injury. This can cover wages lost during recovery and future earnings if the injury results in long-term disability or impairment.
Property Damage: If personal property was damaged in the incident that caused the burn injuries, victims can seek compensation for repair or replacement costs.
Rehabilitation Costs: Covers expenses related to physical therapy, occupational therapy, and any other forms of rehabilitation necessary for recovery.
Home Modification: If the burn injury causes a permanent disability, compensation may cover the costs of modifying the home to accommodate the victim’s needs, such as installing ramps or special equipment.
Non-Economic Damages
Pain and Suffering: Compensation for the physical pain and emotional suffering endured as a result of the burn injuries. This takes into account the severity of the injury and its impact on the victim’s quality of life.
Emotional Distress: Damages for the psychological impact of the injury, including anxiety, depression, and trauma.
Loss of Enjoyment of Life: Compensation for the loss of ability to enjoy day-to-day activities and hobbies that the victim was able to engage in before the injury.
Disfigurement and Scarring: Damages for the physical and emotional impact of permanent disfigurement or scarring resulting from the burn injuries.
Loss of Consortium: Compensation for the negative impact on the victim’s relationship with their spouse or family members due to the injury.
Victims of burn injuries in Ann Arbor can seek compensation for both economic and non-economic damages. Economic damages cover tangible financial losses such as medical expenses and lost wages, while non-economic damages address intangible impacts like pain and suffering. Navigating the legal process for claiming these compensations can be complex, making it essential to consult with an experienced Ann Arbor burn injury attorney to ensure fair and comprehensive compensation.
Statute of Limitations
In Ann Arbor, burn injury claims are subject to Michigan's statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for a personal injury claim, including a burn injury, is typically three years from the date of the incident. However, there are exceptions and nuances to this rule, so it's crucial to consult with an experienced attorney to determine the specific deadline for your case.
Missing the statute of limitations deadline can result in the loss of your right to pursue compensation for your burn injuries. Therefore, it's essential to take prompt action and seek legal advice as soon as possible after sustaining a burn injury in Ann Arbor. Christopher Trainor & Associates can assess your case, gather evidence, and ensure that all legal deadlines are met, maximizing your chances of obtaining the compensation you deserve.
What to Do After a Burn Injury
If you've sustained a burn injury in Ann Arbor, it's crucial to take the following steps to ensure your health and protect your legal rights:
Seek Medical Attention: Your health is the top priority. Seek medical treatment immediately, even for seemingly minor burns. Prompt medical care can prevent complications and document the extent of your injuries.
Report the Incident: If your burn occurred in a public place, at work, or due to someone else's negligence, report the incident to the appropriate authorities. This creates an official record of the incident, which may be important for your claim later.
Document Evidence: If possible, take photos of the burn injury, the scene where it occurred, and any contributing factors (such as defective equipment or hazardous conditions). Collect contact information from witnesses who saw the incident.
Keep Records: Keep track of all medical records, including doctor's notes, treatment plans, prescriptions, and bills related to your burn injury. Also, document any missed workdays and their impact on your income.
Consult with a Burn Injury Attorney: Contact a knowledgeable Ann Arbor burn injury attorney as soon as possible. They can review your case, advise you on your legal options, and guide you through the claims process.
Avoid Communicating with Insurance Companies: Refrain from providing statements or signing any documents from insurance companies without consulting your attorney first. Insurance companies may try to minimize your claim, so having legal representation can protect your rights.
Follow Medical Advice: Adhere to your doctor's treatment plan and attend all follow-up appointments. Your medical records will serve as essential evidence in your burn injury claim.
Preserve Evidence: Do not tamper with or discard any evidence related to your burn injury, including clothing or equipment involved in the incident. This evidence may be crucial in proving liability and obtaining compensation.
Be Cautious on Social Media: Refrain from discussing your burn injury on social media or posting photos until your case is resolved. Insurance companies may use this information to undermine your claim.
Stay Informed: Stay informed about your legal rights and the progress of your burn injury claim. Your attorney will keep you updated on any developments and advise you on the best course of action.
By taking these steps after a burn injury in Ann Arbor, you can protect your health, preserve crucial evidence, and increase your chances of obtaining fair compensation for your losses.
How an Attorney Can Help
An attorney can provide invaluable assistance in navigating the legal complexities surrounding a burn injury case in Ann Arbor. Here's how they can help:
Legal Expertise: Attorneys specializing in burn injury cases have in-depth knowledge of relevant laws, regulations, and precedents. They can assess the specifics of your case and determine the best legal strategies to pursue.
Investigation: Attorneys conduct thorough investigations into the circumstances surrounding your burn injury. They gather evidence, interview witnesses, and collaborate with experts to build a strong case on your behalf.
Legal Representation: Your attorney serves as your advocate throughout the legal process. They handle all communication with insurance companies, defense attorneys, and other parties involved, protecting your rights and interests.
Negotiation: Attorneys are skilled negotiators who work to secure fair settlements for their clients. They negotiate with insurance companies and opposing parties to maximize your compensation while ensuring that your needs are prioritized.
Trial Advocacy: If a fair settlement cannot be reached, your attorney will represent you in court. They present compelling arguments, cross-examine witnesses, and advocate for your rights before a judge and jury.
Maximizing Compensation: Attorneys understand the full scope of damages you may be entitled to, including medical expenses, lost wages, pain and suffering, and future care needs. They work diligently to ensure that you receive the maximum compensation available under the law.
Emotional Support: Dealing with a burn injury can be emotionally challenging. Your attorney provides compassionate support and guidance throughout the legal process, offering reassurance and understanding during a difficult time.
Legal Guidance: Attorneys advise you on important decisions, such as whether to accept a settlement offer or proceed to trial. They provide clear explanations of your options and empower you to make informed choices about your case.
An experienced burn injury attorney in Ann Arbor can offer comprehensive legal representation for burn victims, from investigation to negotiation to trial advocacy. By entrusting your case to a skilled attorney, you can focus on your recovery with confidence, knowing that your legal rights are being protected and pursued to the fullest extent possible.
Contact an Ann Arbor Burn Injury Lawyer Today
If you've suffered a burn injury in Ann Arbor, don't face the legal process alone. Our experienced burn injury lawyers are here to advocate for your rights and pursue the compensation you deserve. With compassionate support and aggressive representation, we'll guide you through every step of your case, from investigation to negotiation to trial if necessary. Don't let the complexities of the legal system overwhelm you – let Christopher Trainor & Associates fight for justice on your behalf. Contact us today at 248-886-8650 for a free consultation and take the first step towards rebuilding your life after a burn injury.
