How to Sue for a Burn Injury
Like other personal injuries, it is possible to sue for a burn injury. How to sue for a burn injury involves collecting evidence to indicate that the party being sued is responsible for the causing or allowing the injury to occur due to his or her actions or negligence.
Burn injuries occur on the job, at home, and during leisure and social activities. This may cause the defendant of your lawsuit to be an employer, a neighbor, or a store or business if your burn injury takes place as a result of their negligence of behavior.
You will need to collect as much evidence as possible indicating that the injury was the other party’s fault. Witnesses of the accident are helpful as well and photos of the scene of the accident. You will also want to present your doctor and hospital records for the treatment of your burns and multiple photos of the injured area of your body.
Then there is the nature of your burns. What caused them will determine if the other party can be held liable for your injuries. Thermal burns occur when you are exposed to a fire or a hot object comes in contact with your skin. Chemical burns are the result of acids and strong cleaners. Electrical burns often happen on the job on construction sites, factories, etc. Radiation burns are associated with sunburns or burns suffered in tanning beds.
Your Indianapolis injury attorney will explain that the type of settlement you can collect is determined by the severity of the burn. Burns range from first degree to second degree and finally, third degree burns.
First Degree Burns are usually sunburns that heal in a few days. These burns only affect the top layer of the skin.
Second Degree Burns have burned through the top layer and have also burned the second layer. If a burn of this nature only affects fifteen percent of the body, the burn is not considered major.
Third Degree Burns have damaged every layer of the skin and may have also damaged the blood vessels and the muscles. There may be extreme pain and it is also possible the nerves have been numbed from the damage.
First, you will seek medical care, being careful to document the injury as you heal with medical professional notes, medications, and treatments. Take lots of pictures from various angles and lighting conditions to reveal the best depiction of the injury. Keep track of how many days of work or other activities you are unable to attend or perform.
Your lawsuit should include all your damages: loss of income, loss of enjoyment, pain and suffering, disfigurement, loss of consortium (spousal enjoyment), medical bills, and permanent and/or temporary disability. These are all compensatory damages, which at normally awarded to a young or moderately young person who is injured in an accident. Punitive damages are rarely awarded to the injured party. These are usually only awarded when the defendant was committing a criminal act when the accident occurred or was drunk when it happened.
To understand how to sue for a burn injury, contact an Indianapolis injury attorney immediately after the accident. He or she will guide you through the process and insure you receive the most appropriate settlement based on the severity of your injuries and the pain and suffering you have endured.