If you or a loved one has been injured in a burn accident, you may be entitled to compensation. The Flint burn injury lawyers from Christopher Trainor & Associates are here to help. Call us today for your free case review.
Most people have experienced some sort of burn in their lives. Nearly everyone grabbed a dish that was hotter than they realized, splattered some hot water while cooking, or had a sunburn.
Unfortunately, serious burns can happen due to someone else’s negligence, which may lead to injuries requiring intensive medical care, including surgeries, skin grafts, and extended hospital care. This can result in lifelong scarring or disfiguration and unfathomable medical bills.
Even minor burns are painful experiences and may require medical attention. If you have suffered a burn and you believe negligence was the cause, you may be entitled to compensation for your injuries. The attorneys at Christopher Trainor & Associates have years of experience in personal injury claims just like yours. Contact us for a free case evaluation so that we can get your life back on track.
Common Types of Burn Injuries
Burns are generally described as damage to the skin or underlying tissue due to exposure to heat, chemicals, electricity, or radiation. These can range in severity from minor cosmetic burns to serious injuries that can permanently damage tissue and nerves and may even lead to death, which, in the case of negligence, would be a wrongful death claim.
Knowing the type of burn is important for proper treatment. It can also be important for establishing liability in a personal injury lawsuit. Some of the more common types of burns include:
Thermal Burns: Thermal burns are the result of the skin coming into contact with heat, or a hot object. This includes hot metal, scalding liquids, steam, or an open flame.
Chemical Burns: A chemical burn can happen if the skin comes into contact with acids, solvents, or other strong chemicals.
Inhalation Burns: When heat, smoke, or chemicals are inhaled, they can damage or burn the lungs and respiratory tract.
Friction Burns: Remember being a kid and sliding across the carpet and ending up with a rug burn? This is an example of a friction burn. These burns, often referred to as “road rash,” are also common in bike or motorcycle accidents.
Electrical Burns: Electrical burns happen when we come into contact with electricity. These can be especially dangerous because they can cause internal damage with little to no outer evidence.
Radiation Burns: A common example of a radiation burn is sunburn. But they can also happen due to medical malpractice. Exposure to UV rays, X-rays, or radiation therapy can lead to radiation burns.
Cold burns (frostbite): Though we generally relate burns to heat, they can also develop when skin and tissues freeze due to exposure to extremely cold temperatures.
Common Causes of Burn Injuries in Flint
There are more than a million burn injuries reported every year, with over half of them requiring professional medical attention in hospitals and burn centers. Thousands die from the injuries caused by burn accidents. Some of the leading causes of burn injuries include:
Car Accidents: Burns frequently occur during car accidents due to the presence of hot metal. The also cause friction burns due to coming into contact with pavement.
Defective Products: Sometimes products malfunction due to poor design, manufacturing errors, or negligent quality control practices. This can result in fires or electrocution that lead to mild to serious burns.
Electrical Burns: This can happen at home due to faulty wiring in an old home, or failing to turn off power before attempting a minor electrical repair. These can result in internal burns that may not be visible to the naked eye.
Fires: Obviously, fires cause burns. Fires can happen for numerous reasons, but most commonly happen due to cooking, smoking, faulty electrical wiring, portable heaters, or incorrectly stored hazardous materials. Lack of fire extinguishers, locked exits, and faulty smoke alarms increase the risk of injury.
Chemical Burns: These are commonplace at home from household cleaning products, but like most burns, they can happen anywhere. If a product does not have a proper warning label, or if someone neglects to wear the proper protection and take precautions when working with chemicals it can result in a chemical burn.
If your burn injury is the result of someone else's negligence or lack of care, you may be able to seek compensation for damages. Contact someone with the legal knowledge to support you at Christopher Trainor & Associates.
Burn Classification
Burns are classified based on their severity and depth. The most common classification system is the "degrees of burns," which includes:
First-degree burns (superficial burns): These burns only affect the outer layer of skin, also known as the epidermis. They are characterized by redness, pain, and mild swelling. First-degree burns can typically be treated at home and heal within a few days without scarring.
Second-degree burns (partial thickness burns): These burns affect both the outer layer (epidermis) and part of the underlying layer (dermis) of the skin. They are characterized by redness, blistering, swelling, and severe pain. Second-degree burns may take several weeks to heal and can result in scarring. It is recommended to seek medical attention for second-degree burns to ensure proper healing.
Third-degree burns (full-thickness burns): These burns damage all layers of the skin, extending into the deeper tissues (also called subcutaneous tissue) beneath the skin. They may appear white, charred, or leathery and can involve numbness due to nerve damage. In fact, some have stated that their third-degree burns were painless due to the severing of nerve endings. Third-degree burns require immediate medical attention and may necessitate skin grafting or other surgical treatments. They are extremely vulnerable to infection and can take months to heal, often leaving behind scarring or disfigurement.
Fourth-degree burns: This is used to describe the most severe burn injuries and are life threatening due to the destroying of deep fat, muscle, and bone tissue. This process is known as necrosis. If a victim has fourth-degree burns, they likely will not survive. If they do manage to pull through, victims tend to suffer permanent sensory or mobility disabilities and possible amputation of limbs. They often require a lifetime of care.
In addition to the degree of burns, they can also be classified based on the extent of body surface area (BSA) affected. This is often expressed as a percentage, typically using the "rule of nines" for adults and the Lund and Browder chart for children, to estimate the total body surface area involved in burns. This classification helps guide treatment decisions and assess the severity of the injury.
Burn injuries can also be classified based on their cause (e.g., thermal, chemical, electrical) or the presence of inhalation injury if the burn victim has also inhaled hot gases, smoke, or toxic fumes during the incident. This classification helps healthcare providers determine the appropriate course of treatment and management for burn injuries.
Treatment For Serious Burn Injuries
Serious burn injuries often require immediate medical attention and specialized treatment. The treatment can range from simple care done at home for minor burns to more severe burns that require skin grafts and multiple surgeries. Here are some common treatments for serious burn injuries:
Cooling the burn: For minor burns, running the affected area under cool water helps reduce pain, swelling, and further tissue damage. Do not use ice, as it can cause additional tissue damage.
Cleaning the wound: Burns should be cleaned to remove debris, dirt, or dead tissue. This may involve gentle irrigation with saline solution and careful removal of dead tissue to prevent infection and promote healing.
Pain management: Burn injuries can be extremely painful, so pain management is an essential part of treatment. This may involve over-the-counter or prescription pain medications, as well as topical treatments such as burn creams or ointments.
Dressing the wound: After cleaning the wound, it should be covered with a sterile dressing or bandage to protect it from infection. Depending on the severity of the burn, specialized dressings such as hydrogels, hydrocolloids, or antimicrobial dressings may be used.
Preventing infection: Burn injuries are prone to infection, so this is a critical part of treatment. This may involve the use of topical or systemic antibiotics, as well as careful wound care and monitoring for signs of infection such as increased redness, swelling, or drainage.
Fluid replacement: Serious burns can cause fluid loss and dehydration, so fluid replacement is often necessary to maintain hydration and prevent shock. This may involve intravenous (IV) fluids administered in a hospital setting.
Surgical intervention: In some cases, surgical intervention may be necessary to remove dead tissue (debridement), repair damaged skin or tissues (skin grafting), or reconstruct affected areas. This may be performed in stages over time to achieve optimal outcomes.
Physical therapy and rehabilitation: Once the acute phase of treatment is complete, physical therapy and rehabilitation may be necessary to improve range of motion, strength, and function in the affected area and to help patients regain independence and quality of life.
Psychological support: Burn injuries can have a significant psychological impact on patients, so psychological support and counseling may be necessary to address issues such as anxiety, depression, post-traumatic stress disorder (PTSD), and body image concerns.
Medical treatment plans will vary depending on the severity and location of the burn, as well as the patient's overall health and individual needs. Burn injuries need to be evaluated and treated by qualified medical professionals to ensure the best possible outcomes. Once you receive medical care, call the law offices of Christopher Trainor & Associates to find out more about how you can get compensated for your expenses and suffering.
Compensation
Compensation for burn injuries comes in two different forms of damages: economic and non-economic. Economic damages generally come with a tangible receipt or bill of some kind that can show an actual dollar amount you can be compensated for. Noneconomic damages can be a little more difficult to prove because there is no dollar amount attached to how much pain and suffering you experienced. An experienced burn lawyer can advise you on what damages you can claim.
Economic damages can include:
Medical expenses: Treatment for a severe burn can quickly culminate into tens of thousands of dollars in medical bills. Hospital visits, surgery, skin grafts, time spent in a burn unit, and any ongoing physical therapy can all be compensated. Any medical bill or receipt you receive should be carefully stored to help you with your claim.
Lost wages: Any injury may require time away from work, which may mean you miss out on a paycheck. A severe burn could keep you out of work for weeks or even months, and with the mounting medical expenses, you can’t go without your much-needed wages. This loss of income can be compensated.
Lost earning capacity: If your injuries keep you from moving up in your career path, you may be able to be compensated for the wages you could have earned if not for the burn accident.
Funeral and burial expenses: If you lost a family member due to a severe burn injury, you can be compensated for the cost of the funeral service and burial.
Non-economic damages can include:
Mental anguish: An injury due to a fire or other major accident can be a traumatic experience. This can result in anxiety, depression, and post-traumatic stress disorder (PTSD), all of which can be compensated.
Pain and suffering: Burns are extremely painful and can lead to major suffering. You deserve monetary compensation for the physical agony you might have experienced.
Scarring and disfigurement: Scars from serious burns and the resulting surgeries and possible skin grafts can leave behind scarring and even disfigurement. If this impacts your quality of life, you may be entitled to compensation.
Loss of enjoyment of life: The physical and emotional devastation you may experience following a burn accident may keep you from enjoying life as you did before. Though this can be difficult to prove, our Flint burn injury attorneys can help you receive fair compensation for the impact this has had on your life.
Michigan Statute of Limitations
According to the Michigan State statute of limitations, burn injury claims, like most personal injury claims, must be filed within three years of the incident. Claims sometimes take months or even years to resolve, especially if your case must be escalated to court. To avoid delays, it is advisable to contact a lawyer at Christopher Trainor & Associates as soon as you can so that you can receive compensation and focus on healing. You will need to give your attorney as much time as possible to build your case before your statute of limitations expires, so it is best to reach out as soon as possible after being injured.
Should I File a Lawsuit After a Burn Injury?
Like any other personal injury lawsuit, burn injuries occur both accidentally or intentionally. To file a burn injury lawsuit, you must prove that someone else was being negligent in their conduct. The now famous Liebeck v. McDonald's case from 1992 is a prime example of a company being held liable for negligence. Stella Liebeck was a 79-year-old woman who suffered severe third-degree burns after a cup of McDonald's coffee spilled in her lap. She was able to file a lawsuit against the company and won the case. This was because she was able to prove that the company had been negligent in overheating their coffee by 30 to 40 degrees, an issue they had known about for a while and took no action to correct until the lawsuit.
Other examples of liability might be if a company sells a product that fails in some way and causes a burn, or if a vehicle malfunctions and catches fire. All of these examples involve a third party that was not adhering to their duty to ensure the safety of their consumers.
Proving Negligence
Proving negligence typically involves demonstrating four key elements:
Duty of care: The first step in proving negligence is establishing that the defendant owed a duty of care to the plaintiff. This duty of care is a legal obligation to act reasonably and prudently to prevent harm to others whenever possible.
Breach of duty: Once the duty of care is established, the plaintiff must show that the defendant breached that duty by failing to take reasonable care.
Causation: The plaintiff must demonstrate that the defendant's breach of duty was the cause of the plaintiff's injuries or damages. This requires establishing that the defendant's actions or negligence directly led to the harm suffered by the plaintiff.
Damages: Finally, the plaintiff must prove that they suffered actual damages as a result of the defendant's negligence. These damages may include physical injuries, emotional distress, medical expenses, lost wages, property damage, or other losses. Without evidence of damages, there is no basis for a negligence claim.
Proving negligence can be a difficult task and you will want someone with legal experience to guide you. Having a Flint burn injury attorney from Christopher Trainor & Associates on your side can significantly improve the outcome of your claim. To prove negligence, your attorney will gather evidence such as witness testimony, expert opinions, accident reports, photographs, medical records, and other documentation to support your case.
How a Flint Burn Injury Attorney Can Help
After a burn injury, an attorney will provide valuable assistance and support in several ways:
Legal guidance: A burn injury attorney specializes in personal injury law and understands the complexities of burn injury cases. We can provide expert legal advice tailored to your specific situation, helping you understand your rights and options under the law.
Investigation: We will conduct a thorough investigation into the circumstances surrounding the burn injury, gathering evidence such as medical records, accident reports, witness statements, and expert opinions to build a strong case on your behalf.
Determining liability: We can analyze the facts of the case to determine who may be liable for your injuries. This could include negligent individuals, property owners, manufacturers of defective products, or other parties whose actions or negligence contributed to the burn injury.
Negotiation with insurance companies: Dealing with insurance companies can be challenging, especially if they try to minimize your claim or deny liability. The lawyers at Christopher Trainor & Associates have lots of experience negotiating with insurance companies and can advocate for your rights to ensure you receive fair compensation for your losses.
Litigation representation: If a fair settlement cannot be reached through negotiation, Christopher Trainor & Associates is prepared to take your case to court. We will represent you in legal proceedings by presenting evidence, arguing your case before a judge or jury, and fighting for the compensation you deserve.
Maximizing compensation: We understand the types of damages you may be entitled to receive, including medical expenses, lost earnings, pain and suffering, and any future medical care. We will work diligently to maximize your compensation, recover damages, and help you rebuild your life after the burn injury.
Providing support and advocacy: Throughout the legal process, burn injury attorneys provide compassionate support and advocacy for our clients. We will handle the legal aspects of your case, allowing you to focus on what really matters: your recovery and well-being.
Hiring a burn injury attorney can significantly increase your chances of obtaining a favorable outcome in your case and securing the compensation you need to move forward with your life after a burn injury. Christopher Trainor & Associates is on your side.
Contact a Flint Burn Injury Attorney Today
A burn injury victim can face a lifetime journey to recovery. If you were injured in a burn accident in Flint due to the negligence of another party, you deserve justice and compensation. We know that you may be reeling from the experience, unsure how to proceed, which is why our experienced burn injury attorneys take these cases so seriously. It is time to take legal action, and you can rest assured that Christopher Trainor & Associates will do everything in our power to ensure you are able to return to a normal life. Contact us today for a free consultation.
