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Burn Injury Lawsuit

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Burn injuries triggered by fires or other accidents cause considerable psychological and physical damage, which can be prolonged by life-altering situations, income loss, and costly medical bills. If the burn injury was due to someone else’s negligence, you might want to file a burn injury lawsuit to claim damages for your losses.

Insurance companies and defendants will stop at nothing to minimize how much of a settlement you’ll receive. To work out a fair settlement, you must contact a qualified burn injury lawyer right away. They will offer you legal advice during the case that will help you hold the negligent party responsible for your suffering and pain.

The Eichholz Law Firm’s burn injury attorneys advocate for fire victims and other victims of situations that can cause burns. We have experience working through complicated insurance and legal procedures to guarantee that our clients receive fair compensation. 

Types of Burns

Many types of burns can occur, and you must understand what causes them.

Thermal Burns

Thermal burns come from direct contact with external heat sources. This causes the tissues and skin’s temperature to increase, which can char and kill tissue cells. These types of injuries happen when someone touches:

  • High-temperature objects such as heating devices, pans, or pots
  • High-temperature steam or water
  • Flames or fire
Scalding Burns

Similar to thermal burns, scalding burns are characterized by burn damage sustained from high-temperature steam or water. Scalds are damage that’s caused by something hot and wet.

Radiation Burns

Exposure to harmful radiation levels found in X-rays is what causes radiation burns. Radiation burns are different from other types of burns because they alter the body’s cell structure, causing cancer and cell mutations. Radiation dermatitis is a common type of radiation burn that’s caused by cancer radiation treatments.

Chemical Burns

Chemical burns are caused by harmful exposure to solvents, alkalis, detergents, or strong acids. Once these chemicals make contact with a person’s skin or eyes, it can be quite hazardous, resulting in special treatment. These types of injuries occur from  exposure to the following substances:

  • Lye
  • Silver Nitrate
  • Lime
  • Sulfuric Acid
  • Hydrochloric Acid
Electrical Burns

A variety of electrical sources can cause electrical burns. Humans naturally conduct electricity. If the jolt is strong enough, it can do serious harm to a person’s body and cause long-term adverse effects. Electrical burns can occur due to faulty electrical equipment, electrified water, faulty outlets, overused extension cords, and live wires.

Different Levels of Burn Injuries

Burns are categorized by varying degrees, depending on the severity of the injury.

  • First-degree burns: The top layer of the skin is damaged with some redness and mild pain.
  • Second-degree burns: The top two layers are damaged, resulting in redness, pain, and blistering.
  • Third-degree burns: All skin layers are damaged, leaving a white or black wound with nerve damage.
  • Fourth-degree burns: Not only is the skin destroyed, but the muscle or bone underneath is damaged as well.

Treatment & the Resuscitation Phase of Burn Injury

Burn treatment options have come a long way. According to Medscape, doctors noticed that in the past, patients with extensive burns would survive the initial event but die from shock not long after. Over time, doctors began coming up with fluid resuscitation formulas that advanced more and more.

Fluid resuscitation is the act of replenishing lost fluids to prevent the body from going into shock. The shock will set in if 15 to 20 percent of the total body surface area is burned, and fluid resuscitation is not done. This is why the first 48 hours are dedicated to resuscitation. Doctors will ensure that vital organs continue to function and that fluid is replaced at appropriate levels.

Around 72 hours later, doctors may start to close wounds and reconstruct some of the most delicate areas. Once all the wounds are closed, the rehabilitation process begins.

Complications of Burn Injuries

From the onset of the injury and throughout the healing process, the patient may experience complications. These include:

  • Infection – Due to open wounds, the skin is susceptible to a bacterial infection that can ultimately lead to an infection throughout the whole body.
  • Scars – Moderate to severe burns can cause permanent damage to the skin.
  • Low blood volume – When burns damage the skin’s blood vessels, it could cause fluid or blood loss that keeps the heart from supplying enough blood to the body.
  • Low body temperature – The skin is an essential mechanism in maintaining proper body temperature. When the skin becomes damaged, heat can be lost too quickly.
  • Respiratory issues – Smoke inhalation or burns around the neck can result in the constriction of the upper airway. Burn victims down the line may also be more susceptible to pneumonia and other respiratory distress.
  • Blood clots – Patients who require long periods of recovery in a hospital bed may be more likely to develop blood clots in the limbs.
  • Psychological complications – Psychological trauma is not uncommon among patients who experienced severe burns. Not only can people have post-traumatic stress disorder, but they may also be stricken by depression or anxiety. Those with heavy scarring can have issues with self-image.

Fire and Burn Lawsuits

There are several situations in which plaintiffs could take legal action if they have been burned.

Workplace Hazards

Dangerous workplaces can lead to situations where burn injuries could be sustained. People who work on construction sites or in factories use equipment daily that could cause burns and fires. Hot surfaces such as a stove in a kitchen could cause a restaurant worker to be burned. According to research conducted by the Occupational Safety and Health Administration (OSHA), a report showed that explosions and fires were responsible for over 5,000 burn injuries each year. If you’re an employee who’s experienced a burn injury in your workplace, you’re entitled to receive workers’ compensation. For you to receive this benefit, you will have to forfeit your right to sue your employer. You can also file a burn injury case against your employer.

Defective Products

Design defects can cause products to catch fire or overheat, resulting in bodily harm to the user. Products that use combustible materials or batteries are most likely to cause burns.

Landlords must follow the law to the letter, which includes obeying certain fire safety obligations. There could be instances where a landlord may have followed all safety laws, but the equipment fails anyway. Should this happen, you may be eligible to file a defective device lawsuit.

Manufacturers that produce fire safety products that are defective can be held responsible for selling products that didn’t perform like they were supposed to. Defective fire safety devices can put someone’s apartment, home, and loved ones at greater risk of burn injuries and fires.

Car Accidents

A fire can occur during a severe car accident. The occupants of the vehicle could suffer burns that may be serious or even fatal.

Truck Accidents

Tanker trucks containing fuel can cause massive explosions that could be fatal to a person within the blast radius. A chain reaction of explosions and fires could also occur after the initial blast from surrounding vehicles.

Fuel and Gas Explosions

These are situations where propane, natural gas, or other fuel types can cause fires or explosions. Water heaters, gas furnaces, gas pipelines, and propane tanks can cause fuel and gas explosions.

Chemical Accidents

It’s been assumed that most chemical accidents happen in science labs, but household products such as pool chlorinators or bleach can also cause chemical burns to a person’s body.

Hotel Fires

Hotel fires result from negligent owners and staff, cooking mistakes, or faulty smoke or fire alarms. Hotel owners don’t always take the proper safety measures for fires.

Defective Electrical Systems

Faulty electrical systems such as defective heaters, broken light fixtures, improper usage of power sources, defective electrical outlets, and exposed live wires can cause electrical fires.

Arson

People who use fire purposely to destroy property are committing an illegal and punishable act to the fullest extent of the law. Arson can also cause burns that are severe or fatal to innocent victims.

Negligent Landlords and Apartment Fires

Apartment fires can happen due to electrical issues, heating devices, unattended fires (smoking and candles), defective fire alarms, arson, or cooking accidents. A majority of these fires result from landlords who were negligent in maintaining a safe living atmosphere.

Apartment residents share buildings with others, which means that anyone living in your complex could start a fire. Kitchen accidents are the number one cause of most apartment complex fires. Studies from a 2017 report issued by the National Fire Protection Association (NFPA) showed that cooking-related fires were responsible for 48% of all deaths and 45% of all injuries. If the fire starts in a neighboring tenant’s kitchen and spreads throughout the entire building, the other tenants will suffer the fire’s consequences. A faultless resident may lose more of their belongings than the person who started the fire.

Heaters, smoking, or candles can also cause apartment fires. Smoking is the leading cause of most deaths related to apartment and home fires, according to the NFPA. Additionally, one out of every five deaths in a home was caused by a heater.

Another major cause of apartment fires is due to negligent landlords. Landlords commonly dodge their responsibilities, which, in turn, causes hardships for their tenants. Federal and state laws require fire extinguishers, sprinklers, and fire alarms to be placed appropriately throughout each unit. If these laws aren’t followed, burn injury lawsuits could be filed for which the tenant’s landlord must pay for damages. Despite this, many landlords don’t take the laws very seriously, and apartment residents usually have to pick up the pieces due to their negligence.

To receive compensation for damages sustained in an apartment fire, residents must have legal representation to hold landlords accountable for their actions. In most cases, it is the landlord who is primarily responsible for a person’s burn injury. They often make sure that the plaintiff receives the smallest settlement possible. According to federal law, landlords are responsible for ensuring their tenants are kept safe from fires. If landlords don’t take the necessary steps to keep tenants safe, an injury or wrongful death could occur due to their negligence. Tenants would be well within their rights to hire a burn and fire injury attorney to ensure they receive the compensation they rightfully deserve.

Contact Our Burn Injury Lawyers Today

Our experienced burn injury lawyers at The Eichholz Law Firm will navigate you through the repercussions of an accident due to another person’s negligence.

We have a commitment to serving our clients and fighting for the justice and compensation victims so rightfully deserve. For more information about our services, give our burn injury attorneys a call or fill out our online form for a free case evaluation.

References

Please seek the advice of a medical professional before making health care decisions.
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