Burns can happen at work, at home, in traffic accidents, and various other settings. From consumer product defects to negligent drivers, it takes only one mistake to suffer from severe burn injuries. As a resident of Las Vegas, if you find you suffer burn injuries due to the negligence of another or due to a product defect, there is a high chance that you have the right to claim against the responsible party. With the right Las Vegas burn injury attorney you will get the results you deserve.
The experienced personal injury attorneys at McDonald Worley can help you learn more about your legal options and rights, so you have an easier time deciding which course of action to take. While it’s impossible to change the past, you can shape your future.
Table of Contents
- 1 What Types of Burn Injuries are There?
- 2 First, Second, and Third-Degree Burns: What’s the Difference?
- 3 What Should I Do After I Have Suffered a Burn Injury?
- 4 What Type of Compensation Should I Expect from My Burn Injury Case?
- 5 How Soon Should a Burn Accident be Investigated?
- 6 Who’s Held Liable in Burn Injury Lawsuits?
- 7 Contact McDonald Worley Today and Work with The Best Burn Injury Attorneys in Las Vegas
What Types of Burn Injuries are There?
There are three types of burn injuries:
Thermal burns occur when gasoline, heaters, hot liquids, fire, and other things come into contact with exposed skin.
Chemical burns occur when the skin is exposed to strong chemical substances like acid. It’s imperative that you thoroughly rinse exposed skin with water to remove/dilute the chemical.
Electrical burns happen when the skin comes into contact with a high electrical current. Electrical burns can result in serious nerve, skin, and bone damage, and pose a potentially-deadly heart attack risk.
First, Second, and Third-Degree Burns: What’s the Difference?
Burns are categorized based on severity. This includes:
First-Degree burns are considered the least fatal type of burn injury. A first-degree burn is characterized by damage to the outer layer of the skin, known as the epidermis, causing swelling, redness, and pain.
Second-Degree burns cause damage to both the first and second layers of the skin, causing blistering, sensitivity, redness, and pain and typically appear dry and white. With second-burn injuries, there is a high chance of scarring, and skin grafting might be required.
Third-degree burns are the most severe. When someone suffers third-degree burns, all levels of their skin plus the underlying tissue are affected. The skin may appear leathery with a blackish-brown hue. Ironically, third-degree burns tend to be the least-painful as the burn causes extensive nerve damage. People who suffer third-degree burns have to undergo surgical skin transplant or grafting.
What Should I Do After I Have Suffered a Burn Injury?
If you, or someone you know, have recently suffered severe burns due to another person’s negligence or in an accident, chances are you are not thinking about anything else other than how you can get help for the injuries. There is a possibility that you haven’t yet thought about placing blame – and as legal practitioners, we understand. If there is one thing, we, at McDonald Worley, know, it’s the dynamics of burn accidents. We understand that the burn injury recovery process is one that’ll require a settlement that adequately covers all of your losses and injuries. We know that the journey can be tough and dedicate to fighting for you and your future. This is why we implore all burn victims in Las Vegas to reach out to us as soon as they can.
What Type of Compensation Should I Expect from My Burn Injury Case?
Severe burns tend to require complicated skin grafts and extensive hospitalization the patient’s life back to normalcy. We do our best to ensure that you receive the compensation you need for your losses and injuries.
We know the figures and facts related to burn recovery and aren’t easily fooled by insurance company lawyers, who will wave settlements at you that look like lottery wins but are inadequate for the injuries you’ve suffered. We ensure that all of your losses and medical expenses are covered and that you get compensation for the pain and suffering caused.
As a burn victim, you can receive compensation for various reasons, including:
- Lost wages – i.e., if you cannot work while you recover
- Burn medical care and treatment
- Lost future wages – i.e., if your burn injuries prevent you from ever working again
- Any future medical care – including continuing rehabilitation or prosthetics
- As a burn victim, you can also get compensated for intangible injuries like emotional distress, scarring, pain and suffering, and disfigurement. Generally, the more severe and permanent physical injuries are, the more you can receive as compensation for less-tangible injuries.
However, it’s worth noting that all cases are different. As such, there isn’t a ‘one-size-fits-all’ settlement that clients receive.
How Soon Should a Burn Accident be Investigated?
It is always advisable that burn accidents be investigated as soon as possible to determine the cause of the burn and who’s responsible. While investigating such cases, burn injury lawyers usually inspect the product or situation that caused the injury. If a car accident caused your burn injuries, do not have the car fixed until an attorney looks at it. If the injuries happened on another person’s property, you should be able to file a compensation claim under the premise’s liability pretext.
Types of Lawsuits That Can Be Filed in Burn Injury Cases
There are lots of claims that you can make, especially when it comes to burn-related injuries – However, a majority of these fall under the purview of either product liability law or personal injury law. If one party’s or person’s negligent actions cause burn-related injuries to another, the victim can seek compensation by filing a suit against them. Depending on the defendant and on the severity of the incident, there are lots of possible forms such a suit could take.
In the case of defective products causing burn injuries, victims would need to file a product liability claim against the product’s manufacturer. Product liability claims, unlike personal injury ones, don’t hinge on the accuser’s ability to prove negligence or misconduct. In this case, however, the accuser must prove to the court that the respondent’s product was defective and that it is this defect that led to their injuries. In some instances, the burden of proof sometimes shifts back onto the respondent under the res ipsa loquitur doctrine. In such cases, the manufacturer has to prove that they weren’t negligent since such a defect wouldn’t exist unless another party was negligent.
Product liability claims do involve several different types of defects; however, the three main ones include:
If the product’s design has a flaw that exists in every unit produced, it’s defective by design.
A product is considered defective by marketing if it doesn’t include the required safety warning or proper instructions. Some products require distinct safety features such as engravings or stickers for or on dangerous parts of the said products. It also applies to products that have been misrepresented in marketing ads and materials.
Products are considered defective by manufacturing if there is a flaw in the production or assembly of the product. Such defects tend to affect specific production lots or units.
It is worth noting that some manufactured products such as kitchen appliances, cutlery, lawn care devices, and some types of electrical devices are innately dangerous, and users agree to a certain level of assumed risk when they buy and use such products. For unavoidably safe products, plaintiffs in product liability claims must prove they used the product as it is supposed to be used but still suffered injuries due to one or more defects. A product that causes burn injuries will most likely cause serious damages.
Who’s Held Liable in Burn Injury Lawsuits?
The term “Liability” is defined as the state of being legally responsible for something. If you are deemed liable, it means that you are considered legally responsible for an accident or incident. When you file a burn injuries claim, determining who’s responsible is normally the first step in deciding whether or not you are viable to pursue financial compensation. For this question to be answered, an investigation will normally have to be conducted. A team of lawyers can work with you to recreate what took place, interview eyewitnesses, examine the situation, and take all the necessary steps to determine what caused your burn injuries. Liability is determined by what or who caused your injuries and the circumstances surrounding the accident. Some of the possible defendants include:
A Third Party or Driver
If you suffered your burns during a motorbike crash or car accident, the other driver might be held liable for damages caused. Crash-related injuries like burns are all compensable damages in car or motorbike accident claims. Other parties could be held responsible for a crash. For instance, the City of Las Vegas could be held liable for malfunctioning traffic lights or defective roadway conditions. If you sustained your burn injuries through a road accident, consider retaining the services of a car or motorcycle accident attorney.
Workplace burns can be pinned down on employers, especially if they were negligent. If the person or company employing you failed to properly train you on how to handle a chemical or piece of equipment, they could be held liable for the injuries you suffer. The same holds if you didn’t receive the gear that protects you from potential burns and other injuries. Your employer could also be held liable if your burn injuries were caused by a fellow worker. Before filing a workers’ comp claim, make sure you speak to a lawyer. Personal injury claims in Las Vegas tend to earn greater compensations in some circumstances.
A Product’s Manufacturer, Supplier, or Distributor
If a consumer product caused your burn injuries either through electric shock, chemical burns, an explosion, or a fire, you have the right to file a product liability claim. However, you’ll have to prove that the product had a defect – lack of warning labels, a manufacturing error, or a design flaw – that made it unsafe. Burns caused by a defective product may sometimes necessitate mass tort claims, especially if several people sustained a variety of injuries using the product.
Contact McDonald Worley Today and Work with The Best Burn Injury Attorneys in Las Vegas
Burn injuries can be ruinous and are life-changing. Severe burns, especially those on a third-degree level, can damage your skin and the underlying tissues permanently – with most burn victims get permanently scarred or disfigured. If another entity or person is responsible for your burns, consider hiring the services of a lawyer to help you pursue the compensation you need.
The journey of recovering from severe burn injuries is a long, challenging, and costly one. This is why you are advised to work with an experienced and professional lawyer if you want to get adequately compensated for lost wages, emotional suffering, physical pain, medical costs, and other losses.
Contact a Las Vegas injury firm today and speak to one of our burn injuries lawyers for more information. Our consultations are both cost and obligation-free.