Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Burn injuries are among the most painful and severe types of personal injuries a person can experience. Even minor burns can cause discomfort, while more severe burns can lead to long-term medical treatment, permanent scarring, emotional distress, and even disability. Beyond the physical pain, victims often face overwhelming medical expenses, lost wages, and difficulty returning to their everyday lives.

When a burn injury happens due to someone else’s negligence, the victim may have the right to file a personal injury claim and get compensation for their suffering. However, burn injury claims can be complex, requiring proof of negligence, medical documentation, and an understanding of liability laws.

This guide will provide the legal knowledge you need to make the right decisions and understand your rights.

Types of Burn Injuries & Their Legal Implications

Not all burns are the same, and the cause plays a significant role in determining liability. Some burns result from workplace accidents, while others stem from auto collisions, defective products, or unsafe conditions in public spaces. Below are some of the most common types of burns and their legal implications.

Thermal Burns

Thermal burns are the most common type of burn injury and occur when the skin is exposed to high-heat sources such as open flames, boiling liquids, steam, or hot surfaces. These burns frequently happen in house fires, kitchen accidents, industrial workplaces, and car accidents where vehicles catch fire.

If a property owner fails to install smoke alarms or if an employer does not follow fire safety regulations, they could be held liable for the injuries. In thermal burn cases, landlords, employers, business owners, or even manufacturers of defective equipment may be at fault.

Thermal Burns: Causes & Legal Liability - corena law

Electrical Burns

Electrical burns occur when a person comes into contact with a high-voltage electrical current. Unlike other burns, electrical burns don’t always appear severe on the skin but can cause deep internal damage to nerves, muscles, and even internal organs.

“Electrical burns can cause devastating injuries, including nerve damage, heart problems, and muscle breakdown. Many victims don’t realize the full extent of their injuries until symptoms appear hours or even days later.”

These burns commonly happen in construction sites, workplaces with faulty wiring, and household accidents involving defective electrical appliances. If an employer fails to provide protective gear or an electrician performs faulty wiring, victims may have a valid claim for compensation.

Chemical Burns

Chemical burns result from exposure to toxic or corrosive substances, such as acids, alkalis, or industrial cleaning agents. These burns frequently occur in laboratories, industrial settings, and factories that handle hazardous chemicals.

Employers are required by law to follow safety regulations to prevent chemical exposure. If proper protective equipment is not provided, or if chemical storage is unsafe, the employer or property owner may be held accountable for negligence.

Friction Burns (Road Rash)

Friction burns, often referred to as road rash, occur when the skin scrapes against a rough surface at high speed. They are common in motorcycle accidents, bicycle crashes, and pedestrian accidents, where a victim’s body comes into contact with the pavement.

Friction burns can be particularly severe when foreign debris is embedded in the skin, leading to infection and permanent scarring. If another driver’s negligence caused the accident, victims may be eligible for compensation.

Radiation Burns

Radiation burns occur when a person is exposed to high levels of radiation, such as from medical treatments, industrial work, or unsafe workplace conditions. Overexposure to radiation can cause deep burns, increase cancer risk, and lead to chronic health conditions.

Hospitals, medical facilities, and industrial workplaces must follow strict radiation safety protocols. If negligence leads to excessive radiation exposure, victims may have grounds for a personal injury claim.

Burn Severity and Its Role in Legal Claims

Burn injuries are categorized based on how deep they penetrate the skin and underlying tissue. The severity of a burn directly impacts medical treatment, recovery time, and the compensation a victim may receive.

First-Degree Burns

These burns are the least severe, affecting only the outer layer of the skin. Symptoms include redness, minor swelling, and mild pain. First-degree burns typically heal within a few days and do not leave permanent scars.

Minor, first-degree burns may still be compensable if they occur due to someone else’s negligence, such as scalding water in a poorly maintained rental property or unsafe workplace conditions.

Second-Degree Burns

Second-degree burns penetrate deeper, damaging both the outer and underlying layers of the skin. These burns cause blistering, severe pain, and potential scarring.

Victims of second-degree burns often require longer recovery times and medical treatment, which increases their entitlement to compensation for medical expenses and pain and suffering.

Third-Degree Burns

Third-degree burns destroy both the skin and underlying tissues, often reaching muscles, bones, and nerves. These burns are severe and can lead to permanent disfigurement, loss of limb function, or even life-threatening complications.

“According to the American Burn Association, victims with third-degree burns often require extensive medical treatments, skin grafts, and rehabilitation, with costs exceeding $200,000.”

Victims of third-degree burns may be eligible for substantial compensation due to the long-term medical expenses, lost earning potential, and physical and emotional suffering.

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Burn Severity & Legal Implications Chart

Burn Degree Symptoms & Impact Legal Implications Typical Compensation Factors
First Degree Redness, minor pain, short recovery Minimal claims unless work-related Medical costs, lost wages
Second Degree Blistering, severe pain, scarring Moderate to high claims if negligence involved Medical expenses, pain & suffering, lost income
Third Degree Nerve damage, deep tissue destruction Major claims, long-term care needs Rehab costs, permanent disability, emotional distress

Burn Severity & Legal Compensation Factors

FAQs

Who can be held liable for a burn injury?

Liability depends on where and how the burn occurred. Employers, property owners, manufacturers, or negligent individuals may be responsible. A lawyer can help investigate the details.

How do I prove negligence in a burn injury case?

Proving negligence requires evidence such as medical records, photos, accident reports, and expert testimony. A lawyer can assist in gathering necessary proof.

How long do I have to file a burn injury claim in Nevada?

In Nevada, victims have two years from the date of the injury to file a lawsuit (NRS 11.190). Delaying a claim can affect eligibility.

What damages can I recover in a burn injury claim?

Compensation may include medical expenses, lost wages, pain and suffering, emotional distress, and future rehabilitation costs.

Can I sue for burns caused by a defective product?

Yes. If a faulty appliance, unsafe chemical, or poorly designed product caused your burns, you can file a product liability claim against the manufacturer.

Conclusion

Suffering a burn injury can be a life-changing experience, affecting every aspect of your daily life. The physical pain, emotional trauma, and financial strain can make recovery overwhelming, especially when someone else’s negligence caused the injury. Whether you were burned due to an unsafe work environment, a defective product, or an accident on someone else’s property, you have the right to get compensation for your medical expenses, lost income, and pain and suffering.

Understanding the legal process behind burn injury claims is essential for protecting your rights and receiving the compensation you deserve. The severity of your burn, the cause of the accident, and the liability of responsible parties will all play a role in determining your claim’s outcome. However, insurance companies and liable parties often try to downplay injuries or deny claims, making it crucial to have an experienced legal team by your side.

At Gina Corena & Associates, we understand the challenges burn injury victims face and are dedicated to helping you fight for justice. Our legal team will guide you through the process, handle negotiations with insurance companies, and ensure you receive the full compensation you’re entitled to.

If you or a loved one has suffered a burn injury due to negligence, don’t wait. Contact Gina Corena & Associates today for a consultation and take the first step toward getting the compensation and justice you deserve

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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