Advocating for Burn Victims
Burns are damage to body tissues caused by electricity, heat, chemicals, or radiation. They may result in blistering, scarring, disfigurement, and swelling. When burns are especially severe, they may lead to shock, infection, or death. Treatment for burns depends on how deep the damage is and how extensive the burn is over the body. Often, treatment is expensive. Most people do not have enough savings in case of significant burn injuries. If you were a victim of burn injuries, you should call the Atlanta burn injury lawyers at Van Sant Law.
Burn injuries are not merely physical; they also bring about significant psychological and emotional trauma. The road to recovery can be long and grueling, requiring not just medical intervention but psychological support as well. Victims often face feelings of embarrassment and anxiety, impacting their social interactions and quality of life. This is why you must have a compassionate legal team that understands the comprehensive nature of burn injuries and is dedicated to ensuring that victims receive the support they need on all fronts.
We are sensitive to safety issues, and we can sign up your case electronically without face-to-face meetings. However, we can easily visit you at your home if you prefer.
What is a Burn Injury?
A burn injury is damage to the skin or deeper tissues caused by heat, chemicals, electricity, radiation, or friction. Burns vary in severity and are classified into different degrees based on the depth of tissue damage, such as:
- First-Degree Burn: This burn affects only the outermost layer of skin (epidermis), causing redness, mild swelling, and pain. It usually heals within a few days without scarring, like a typical sunburn.
- Second-Degree Burn: This type damages both the outer layer (epidermis) and the underlying layer (dermis), leading to redness, blisters, and severe pain. Healing takes weeks, and scarring may occur depending on the severity.
- Third-Degree Burn: It destroys the entire thickness of the skin, making it appear white, blackened, or leathery. Since nerve endings are damaged, the burn may be painless despite its severity.
- Fourth-Degree Burn: This is the most severe, extending beyond the skin into muscles, tendons, and bones. It often results in permanent damage, requiring surgery or amputation.
Common Types of Burn Injuries
Burn injuries can be caused by various sources, leading to different types of burns. Here are the most common types:
- Thermal Burns – Caused by direct contact with heat sources such as fire, hot liquids (scalds), steam, or hot objects. These burns are common in household accidents and workplace injuries.
- Chemical Burns – Occur when the skin or eyes come into contact with strong acids, alkalis, or other corrosive substances. Examples include burns from cleaning agents, battery acid, and industrial chemicals.
- Electrical Burns – Result from an electric current passing through the body, which can damage tissues internally and externally. These burns can be deceptive, as internal damage may be more severe than what appears on the skin.
- Radiation Burns – Caused by prolonged exposure to ultraviolet (UV) rays (e.g., sunburn) or radiation therapy for cancer treatment. These burns may take time to develop and can cause long-term skin damage.
- Friction Burns – Occur when skin rubs against a rough surface, creating both heat and abrasion injuries. Common examples include road rash from motorcycle accidents or rope burns.
Long-Term Effects of Burn Injuries
The long-term effects of burn injuries depend on the severity, location, and type of burn. Here are some common long-term consequences:
Physical Effects
- Scarring and Disfigurement: Deep burns can leave permanent scars and may require skin grafts or reconstructive surgery.
- Contractures and Mobility Issues: Burns over joints can cause tightening of the skin, limiting movement and flexibility.
- Chronic Pain and Sensory Changes: Nerve damage may lead to persistent pain, numbness, or hypersensitivity in the affected area.
- Skin Fragility and Sensitivity: The new skin may remain thinner and more prone to injury, sun damage, and irritation.
Psychological and Emotional Effects
- Post-Traumatic Stress Disorder (PTSD): Burn survivors may experience flashbacks, anxiety, or depression due to the traumatic event.
- Body Image Issues: Visible scars and disfigurement can lead to self-consciousness, social withdrawal, or low self-esteem.
- Depression and Anxiety: Chronic pain, lifestyle changes, and long recovery periods can contribute to mental health struggles.
Medical Complications
- Infections and Skin Ulcers: Burned areas may remain vulnerable to infections, especially if healing is prolonged.
- Temperature Regulation Issues: Severe burns can damage sweat glands, making it harder to regulate body temperature.
- Increased Risk of Skin Cancer: Scarred and previously burned skin is more susceptible to developing skin cancer over time.
Comparative Fault in Burn Injury Claims
Georgia follows the rule of modified comparative negligence. You can seek damages even if you were partly at fault. However, your damages may be reduced by an amount proportionate to your responsibility for the accident. You will be barred from recovering damages at all if you were 50% or more at fault. For example, if you were speeding while on your motorcycle, and you crashed into a van carrying chemicals that failed to yield to oncoming traffic, you might sustain chemical burns in the collision. In that case, the jury might find that you were 30% at fault and that the driver of the van was 70% at fault. If an Atlanta burn injury attorney can show that your damages were $1 million, you would be able to recover $700,000 from the driver of the van.
The concept of comparative fault can be daunting for victims trying to grasp their eligibility for compensation. It’s important to remember that even if you bear some responsibility for the incident, you still have rights. Legal guidance can illuminate how the percentages of fault are determined and help you effectively present your case to ensure fair compensation. An attorney’s insight is invaluable in navigating these legal waters, leveraging evidence and persuasive argumentation to minimize your perceived fault.
Liability for Burn Injuries in Atlanta
You may hold a person or entity responsible for your burn injuries if you can establish fault. The circumstances under which you sustained burns will determine the theory that you use to establish liability. For example, if you were involved in a truck collision that resulted in facial burns, we would investigate and perhaps use accident reconstruction to determine all the parties responsible for the truck collision. A truck driver may be responsible for a truck accident under a theory of negligence. In that case, a burn injury attorney in Atlanta would need to show that the truck driver breached his duty to use reasonable care while operating the truck and thus caused your burn injuries. However, a trucking company, a mechanic, a third-party loader, or another driver should also be brought into the lawsuit if they seem to share responsibility for what happened.
Liability can often be complex in burn injury cases involving multiple parties. It’s crucial to conduct thorough investigations, potentially engaging experts in accident reconstruction and fire safety to paint an accurate picture of events. Such investigative depth ensures that all liable parties are identified, maximizing the potential for recovering fair compensation. Furthermore, understanding the nuances of local and federal safety regulations can provide additional pathways to establish liability in scenarios like workplace accidents or defective product claims.
If you were burned due to a dangerous condition on someone else’s property, we would pursue a premises liability claim. For example, if your landlord had faulty electrical wiring that you had reported, and a fire broke out, and you were burned in the fire, you may be able to recover damages in a premises liability lawsuit. It is important to retain a fire injury attorney who understands how to show a jury that the landlord had actual or constructive notice of the dangerous condition that resulted in your burns.
Burn Injury Damages
After sustaining burn injuries, you may need multiple surgeries. The pain may be excruciating. Once you establish liability, you may recover both economic and non-economic losses that you suffered due to burns. Economic damages arising out of burn injuries may include lost income, emergency care, the cost of surgeries, replacement services, and out-of-pocket costs. Non-economic damages will vary based on the extent of tissue damage and where this damage is located on your body. Generally, when burns are located on visible areas of the body, such as the hands and face, the jury will assign them greater value than burns on hidden areas of the body. Fourth-degree burns are likely to be seen as significantly greater losses than first- or second-degree burns. You may be able to recover for pain and suffering, loss of consortium, loss of enjoyment of life, and mental anguish.
Burn injuries extend beyond immediate medical expenses and physical healing; they often disrupt entire life trajectories. For individuals who suffer severe burns, the ability to work or engage in daily activities can be significantly compromised, leading to long-term loss of income and career change needs. Additionally, victims may require psychological counseling to aid in emotional adjustment and to address trauma-related symptoms. Capturing comprehensive damages thus becomes pivotal, ensuring victims are compensated for all aspects of their disrupted lives.
Retain a Burn Injury Lawyer in Atlanta
If you were burned in an accident caused by someone else, you should consult the seasoned personal injury attorneys at Van Sant Law. Our burn injury law firm is committed to seeking justice for accident victims.
