Burn Injury Lawyer’s Tips to Get Justice
Burn injuries can be very serious. They may lead to severe pain, long-term permanent injuries, and life-altering circumstances. Regardless of what caused the injury - fire, chemicals, radiation, electricity, or friction - burn victims often have to undergo multiple medical treatments, spend significant time away from work, and take several months or years to physically and mentally recover.
If you or a loved one received a burn injury directly or indirectly due to someone else’s actions, hiring a burn injury lawyer is often the right choice.
Below, we’ll help you learn more about hiring a burn injury attorney, how their services can be essential, and the types of compensation you or your loved one may be entitled to.
Types of Burn Injuries
Burn injuries are categorized based on their level of severity:
First-Degree Burns: Only impact the outer layer of skin and don’t usually cause permanent damage
Second-Degree Burns: Reach the second layer of skin, often leading to pain, blistering, and scarring
Third-Degree Burns: Damage all the skin layers, causing the skin to look dry and leathery, and often impact the nerve endings. May require skin grafts or other treatment
Fourth-Degree Burns: The most severe type of burn. It usually affects the muscle, tendons, and/or bones and can be potentially life-threatening
Common Causes of Burn Injuries
Burn injuries can be the result of many situations:
House fires
Use of a defective product
Workplace accidents (e.g., industrial jobs)
Exposure to chemicals
Direct contact with a hot surface
Medical malpractice
Electrical burns
Scalding water
Car accidents (e.g., road rash, thermal contact, car fire)
Why Hire a Burn Injury Attorney?
There’s more than what meets the eye when navigating the legal aspects of a burn injury. There are many complex steps involved that only an adept personal injury attorney will be able to address adequately.
Determining Fault
When deciding who’s at fault - or if both parties were at partial fault - there must be enough proof.
An attorney will need to gather all evidence, interview witnesses if applicable, and work closely with professionals in the medical or fire industries to not only determine but also prove fault.
Calculating the Value of Your Damages
Because burn injuries often require long-term or permanent medical attention, it isn’t always easy to assess the total damages. Not to mention, there’s usually more than medical expenses involved in burn injuries, like loss of income from not being able to work and emotional suffering.
A burn injury attorney will ensure your payout is maximized as much as possible based on all the damages that occurred.
Negotiating Settlements with Insurance
Regardless of how much physical pain or mental suffering you are in, insurance companies often act as your opponent. Their goal isn’t to ensure you get maximum compensation and get reimbursed quickly. They’ll often give you low-ball offers or even try to drag out the time in which you receive payment.
Avoid these deceptive games with insurance companies by having an attorney handle the negotiation. Knowing all too well how insurance companies play, an attorney will make sure you get what you truly deserve.
Taking Your Case to Court
When the insurance company is failing to play fair, your burn injury attorney will take the case to litigation. While this isn’t always the ideal option, it’s sometimes the necessary option.
Your attorney will represent you in court - adequately arguing your side; presenting evidence of your injuries; and proving how the other party was acting negligently, intentionally, and/or how they should be responsible for the damages you received.
Common Challenges in Burn Injury Cases
Here are some of the legal complications a burn injury case may have:
Multiple liable parties involved
Determining who was ultimately at fault
Accessing the value of the total damages
Proving the long-term effects of your injuries, especially if the injuries occurred recently
Negotiating with insurance companies
Due to the many challenges that may be involved in a burn injury case, it’s strongly recommended to get a personal injury attorney on board.
Types of Compensation for Burn Injuries
Burn injury compensation can cover much more than just your initial medical expenses. It can also cover:
Ongoing medical treatment
Surgeries or skin grafts
Physical therapy
Lost wages
Property damage (e.g., car fire)
Long-term financial impact
Pain and suffering
Emotional distress
Loss of enjoyment of life
Mental health counseling or therapy
Punitive damages may also be awarded to burn injury victims in some cases. These are typically given when the guilty party was acting intentionally or negligently.
When Should You Hire a Burn Injury Attorney?
You should never wait to hire a burn injury lawyer. Sooner rather than later is always recommended in any case.
Here’s why you should quickly hire legal representation after experiencing a burn injury:
Evidence Preservation: The more time that goes on, the more of an opportunity there is for evidence to get lost or lose its quality. Yet, without solid evidence, your odds of winning a case become slimmer. An attorney can ensure that evidence is properly preserved and interview witnesses right away while memory is still at its prime.
Statute of Limitations: Unfortunately, you only have a limited time to file most cases. For burn injuries in California, you typically have two years from the date of the incident to file a lawsuit. Waiting any longer can result in your case being tossed, meaning you won’t have the chance to get compensated.
Avoid Low Settlements: Taking matters into your own hands can result in you getting less than what you deserve. For instance, if you attempt to resolve the situation directly with an insurance company, you may end up getting a much lower settlement offer than you would have if you had a skilled attorney by your side.
How Montanez Yu Can Help You With Your Burn Injury Case
Burn injuries can lead to more than just physical pain and aesthetic changes to the skin. They can also impact the victim’s financial situation, negatively impact their mental health and confidence, and require them to make significant lifestyle modifications.
Montanez Yu is dedicated to helping burn injury victims obtain the compensation they deserve. We understand how transformational a burn injury can be for someone’s life. We want to help make this situation easier for our clients by helping them navigate the legal and financial aspects of their situation.
Here’s why you should work with us:
We will evaluate your case for free - no pressure if you don’t decide to work with us.
You only pay if we help you win your case.
Our attorneys will work with you directly rather than handing you off to a junior associate.
We have a strong track record of helping clients recover compensation.
Were you or a loved one a victim of a burn injury? Contact Montanez Yu today to get a free consultation.