How to Pursue Compensation for a Burn Injury

After suffering one of the most painful and traumatic types of injuries a person can endure, the last thing you want to think about is filing a burn injury claim. The physical pain and emotional anguish caused by these injuries can be very hard to manage. Not to mention, burn injuries often require surgery, ongoing medical treatment, and therapy, which demands time, strength, and resolve.

The unfortunate reality is, all that medical care leads to bills, and if you are unable to work during your recovery, the financial strain can be too much. Fortunately, you may have legal options. If someone else’s negligence led to your injuries, you may be able to pursue compensation for the losses associated with your accident through a burn injury claim.

Fair and full compensation does not usually come easily. Insurance companies are notorious for doing everything they can to deny or mitigate liability, even as they come across as helpful and compassionate.

At Burg Simpson, our mission is to hold them accountable while fighting for the compensation you need and deserve for your damages. If you or a loved one has suffered burn injuries due to someone else’s negligence, call us today at 602-777-7000 to schedule your FREE and confidential consultation.

Common Causes of Burn Injuries

Burn injuries can be caused by many different things. The specific type of accident will help determine who is liable for damages. Some of the most common causes of burns include:

• Motor Vehicle Accidents: Car accidents and truck accidents can result in fires or explosions that lead to serious burn injuries.
• Defective Products: Products with faulty wiring, such as electronics or kitchen appliances, can lead to electrical burns, which may be grounds for a product liability claim.
• Chemical Exposure: When someone comes into contact with caustic chemicals, whether at a retail store, on a worksite, or at home, it can result in severe burns that require extensive treatment.
• Apartment or Building Fires: If a building catches on fire because of negligence on the part of the building owner, landlord, or maintenance company, they may be responsible for damages.

There are many other potential causes of burns, including malfunctioning water heaters, radiation burns from medical treatment, construction site accidents, and more.

What Are the Different Types of Burns?

Most people have heard of the different categories of burns (first, second, and third-degree), but it is important to understand the implications of each type of burn on a burn injury claim.

• First-Degree Burns: These burns only affect the outer layer of skin. They usually heal without significant medical treatment and rarely lead to permanent damage.
• Second-Degree Burns: Second-degree burns affect both the first and second layers of skin and are generally very painful. They also often require significant medical treatment and can lead to long-term scarring.
• Third-Degree Burns: The worst type of burn, a third-degree burn can be life-threatening. It extends through all layers of skin and fat, damaging underlying muscle tissue, bone, and tendons. These burns often need intensive care to recover from and can result in serious disfigurement.

While identifying the type of burn is a good first step, compensation will ultimately come down to your specific damages. But first, there are some critical steps to take following a burn injury accident that can have profound implications on your claim.

Steps to Take After a Burn Injury

The steps you take after a burn injury can make or break your claim. While it can be difficult to stay focused and organized while dealing with a serious injury, some of the things to keep in mind include:

• Seek medical treatment immediately: If you delay treatment, you risk your health. It can also make your injuries seem less serious than they are and put your legal claim in jeopardy.
• Follow through with medical treatment: If you fail to follow your doctor’s treatment plan, your injuries may get worse, in which case you may face additional losses for which you cannot recover compensation.
• Document the accident: If possible, get photography of pertinent evidence (e.g., the accident scene, property damage, injuries) to help establish how the accident took place. If the burn was caused by a defective product, make sure you keep the product and any other items that may have contributed to or been affected by the burn.
• Interview witnesses: If someone else saw how your burn injury happened, gathering their information and a statement could be instrumental in establishing fault.
• Report the accident: If the burn occurred at work, report it to your employer; and if it happened in a vehicle collision, call the police to make sure a report is completed. Ensuring the proper authorities are involved lays the groundwork for the claims process and establishes an official record of your injury.

Lastly, we recommend reaching out to an experienced Phoenix burn injury lawyer to discuss the details of your claim and ensure your rights are protected. The sooner you involve an attorney, the quicker they will be able to help you establish fault.

How to Seek Compensation for Your Injuries

Recovering compensation for your damages—which include both economic damages and non-economic damages—begins with a thorough investigation to establish liability. We must be able to show how someone else’s negligence directly led to your injury and subsequent damages if we are to recover compensation.

Once established, we must calculate how much compensation you deserve, which may require waiting until the full scope of your medical situation is clear. At that point, we will calculate medical expenses, property damage, and pain and suffering to ensure we pursue the appropriate amount.

After the amount of compensation is clear, we begin negotiating with the insurance company to attempt to reach a settlement offer. This is generally quicker and easier than taking your case to court. However, if the insurance company refuses to negotiate in good faith, the best strategy may eventually be to file a lawsuit and take your claim to trial.

Who Is Liable for Your Burn Injury?

There are many different parties who could be responsible for your burn injury, including:

• Other drivers on the road
• Product manufacturers
• Landlords or property owners
• Employers

Once we establish how the accident occurred, we can begin to determine whose negligence caused it.

What Damages Can You Recover?

You may be able to recover damages for all monetary losses, including medical bills, lost wages, out-of-pocket expenses, and property damage. You may also be able to recover compensation for pain and suffering, mental anguish, and disfigurement. In some cases, a judge or jury may include additional punitive damages if the negligent party’s actions are deemed grossly negligent or malicious.

How Do You Calculate the Value of a Burn Injury Claim?

To fully calculate damages, you need to start by identifying all expenses incurred because of your injuries. You should also make sure to calculate any long-term costs, such as ongoing rehabilitation, as well as any long-term emotional effects. For example, if you can no longer enjoy your hobbies because of your burns, you may be eligible for loss of enjoyment of life damages.

How Long Do You Have to File a Burn Injury Claim?

The statute of limitations for most personal injury claims in Arizona, including burn injuries, is 2 years from the date of the accident. We recommend moving forward as quickly as possible to preserve evidence and establish liability.

What Is a Reasonable Settlement Offer?

What is considered reasonable depends on the specifics of your claim. If a settlement offer covers all or most of your damages, then it may be considered reasonable. However, this is why calculating how much compensation you deserve before beginning negotiations is so critical – only then can you know what is reasonable and what is not for your claim.

How Long Do Burn Injury Claims Take to Settle?

How long it takes for a burn injury claim to settle depends mostly on how severe your injuries are and how willing the insurance company is to negotiate. In less serious claims, you may be able to settle in a matter of months. If your injuries are very serious, the insurance company is difficult to work with, or your case is taken to trial, it could take a year or longer to settle.

Do You Need to Hire a Phoenix Burn Injury Lawyer?

While there is no requirement to hire a burn injury lawyer, there are some very good reasons for doing so. Beyond understanding and fighting to protect your rights, a lawyer can help you by:

• Completing a thorough investigation of the accident
• Gathering evidence and interviewing witnesses
• Handling communication and negotiations with the insurance companies
• Building a strong case on your behalf
• Recruiting expert witnesses to help bring additional credibility to your case
• Taking your case to trial and representing you in court, if necessary

While recovering from a serious burn injury, the support and peace of mind a burn injury attorney provides can be extremely useful while helping to ensure you are not taken advantage of by the insurance company.

Contact Burg Simpson Today for a FREE Consultation

If you or a loved one has suffered a burn injury in Arizona, Burg Simpson is here to help. Through a combination of local clout and national strength, we have been able to recover more than $2 billion on behalf of our clients. Let our Phoenix burn injury attorneys support you now.

Contact us today for a FREE, no-obligation consultation where we can determine if you have a viable burn injury claim. Our dedicated attorneys serve clients in Phoenix, Scottsdale, Gilbert, Chandler, Tempe, and throughout Arizona.