Burn injuries can be extremely painful and often lead to consequences like scarring and disfigurement. These injuries can result from motor vehicle accidents—but also from chemicals, defective products that malfunction, job site injuries, electrical accidents, and many more types of unexpected incidents. Often, the most difficult thing about dealing with serious burn injuries is that, in many instances, they would not have happened had someone else not engaged in reckless, careless, or negligent actions.
If you suffered a burn injury because of another person’s negligence in an accident, you might be in a position to file an insurance claim or lawsuit seeking damages. Damages reimburse you for the losses you experienced as a result of your injury.
The skilled team of St. Louis and Metro East burn injury lawyers at Dixon Injury Firm can determine if you are eligible to file a claim, and if you are, we can assist you throughout the entire process. Our legal team can pursue all of the monetary compensation and damages that you deserve for your burn injury, as well as for any scarring or other lasting effects that result from your injury.
Speak with us today to learn how we can file a claim or lawsuit on your behalf, seeking the compensation you deserve for your burn injury.
How Do Burn Injuries Typically Occur?
Burn injuries can occur during any serious accident.
Some of the most common types of accidents that can lead to one or more burn injuries include:
- Motor vehicle accidents – In a serious motor vehicle accident, a driver or passenger’s side airbag can deploy, causing the accident victim to suffer a burn to their skin. In addition, serious car accidents that occur at high rates of speed can start a fire in which the motor vehicle driver or passenger suffers a burn injury.
- Defective product malfunctions – When a defective product malfunctions and does not work the way it should (when the consumer uses it properly), the product can burn the consumer. At other times, product defects that result from faulty wiring can lead to an electrocution injury.
- Jobsite accidents – In many occupations, such as in the building and construction industries, employees must work around dangerous chemicals that can burn the worker, as well as heavy machinery that can malfunction, cause a fire, or otherwise injure the worker. Workers who are injured on the job while they are performing a job duty might be eligible to pursue a workers’ compensation claim for various benefits.
If you have experienced one of these types of accidents and you suffered a burn injury as a result, the experienced team of St. Louis burn injury lawyers at Dixon Injury Firm can help. Our team can investigate how your accident occurred and can determine the potential avenues of monetary recovery available to you in your case. For example, you might be eligible to file a workers’ compensation claim and a third-party personal injury claim under certain circumstances.
Common Consequences of Burn Injuries
Individuals who suffer burn injuries while they are in an accident or while working on the job may need to undergo medical treatment. In addition to urgent care or emergency room treatment following the accident, the injured person might also need to undergo a painful medical procedure, such as surgery, to treat the burn injury.
Sometimes, these procedures are successful in treating the burn, but at other times, there are not. If the burn injury affects the arms, hands, or feet, it might prevent the person from working, taking care of themselves, and doing other activities that they are accustomed to doing.
Finally, burn injuries often lead to scarring. If the scar is visible, it can cause the accident victim to experience shame, humiliation, and embarrassment—especially when going out in public.
If you have suffered any of these consequences after sustaining a burn injury in an accident, you need skilled legal representation on your side. The knowledgeable St. Louis burn injury lawyers at Dixon Injury Firm can help you recover the compensation that you need for all of these burn injury consequences in an attempt to make you whole again following your accident.
Filing a Negligence Claim Arising From a Burn Injury
Burn injuries sometimes occur when consumer products wind up being defective. The product can fall apart, explode, or electrocute a consumer, resulting in a painful and unsightly burn injury. Product manufacturers and distributors must make reasonably safe products. When their products malfunction and cause a consumer to suffer a burn injury, they can be held accountable.
Similarly, motor vehicle operators are responsible for operating their vehicles responsibly, safely, and carefully at all times. When they violate traffic laws (such as by failing to yield the right-of-way to another driver when it’s appropriate to do so) or break the speed limit—and an accident occurs in which the driver or passenger suffers a burn injury—then the accident victim can bring a claim against the at-fault driver’s insurance company.
As part of any negligence claim that arises from a defective product or a motor vehicle crash, the accident victim has the burden of proving all of the legal elements in the case. Specifically, the accident victim must show that the other party owed them a duty of care and violated that duty of care, resulting in the accident and injuries. In the event the burn injury victim can satisfy these legal elements, they can receive monetary compensation in the form of damages.
The claims process begins when the accident victim’s lawyer files a demand package and submits it to the at-fault person’s insurance company. The adjuster assigned to the claim will then review the demand package, evaluate it, and make an initial offer to settle. In making its offer, the adjuster should consider all of the accident victim’s medical treatment, medical bills, pain and suffering, lost wages, and permanency.
However, initial offers from settlement adjusters are often low, and the accident victim’s lawyer may need to continue negotiations with the adjuster going forward. Sometimes, the attorney may even need to file a lawsuit in the court system, after which settlement negotiations can continue. If the insurance company refuses to offer fair and full compensation, the case can come to a resolution at a jury trial, mediation proceeding, or arbitration hearing for a determination on damages.
If you are pursuing a third-party claim or lawsuit arising from negligence, you might be eligible to recover various types of damages for your burn injury. The damages that you will recover depend upon certain factors, including the severity of your burn injury, the type and cost of the medical treatment that you received for your injury, and whether or not you suffered some type of scarring, disfigurement, or permanency as a result of the burn injury.
Potential damages that you can recover in a negligence case arising from a burn injury include the cost of your medical expenses, lost wages, and out-of-pocket expenses. In addition, you can file a claim for noneconomic damages to recover compensation for any permanent disability, disfigurement, loss of use of a body part, loss of enjoyment of life, mental distress, emotional anguish, or loss of earning capacity that you suffered.
The knowledgeable St. Louis burn injury lawyers at Dixon Injury Firm can determine your eligibility for all of these types of damages and will work hard to maximize the compensation that you recover in your burn injury case.
The Deadline for Filing a Personal Injury Claim Arising From a Burn Injury
Individuals who have suffered a burn injury in an accident do not have unlimited time to file a claim or lawsuit arising from their injury. Specifically, in the State of Missouri, victims of burn injuries (and other injuries) only have a period of five years from the date of their accident in which to file a lawsuit.
If no one files the claim or lawsuit within five years, the defendant’s attorney will likely file a motion to dismiss the case, and the court will grant it. Therefore, the accident victim will not be eligible to pursue monetary damages or other compensation at any point in the future for their injuries. The statute of limitations ensures that memories remain fresh and witnesses to the incident remain available if the case needs to go to trial.
Given the relatively short timeframe in which to file a claim or lawsuit arising from a burn injury, you must have skilled legal representation in your corner every step of the way after you suffer your injury. The earlier that an attorney gets involved in your case, the better off you will be. The knowledgeable and experienced St. Louis burn injury lawyers at Dixon Injury Firm can evaluate your case and ensure that a claim or lawsuit is filed well within the statutory timeframe.
Filing a Workers’ Compensation Claim for a Burn Injury Sustained While on the Job
When construction workers, builders, factory workers, and others suffer burn injuries while they are on the job, they might be eligible to bring a claim for workers’ compensation benefits. For a person to be eligible to recover workers’ compensation benefits for a burn injury, the accident victim must have suffered the burn injury while they were working within the scope of their employment.
Only employees can file a workers’ compensation claim. Independent contractors are not eligible for these benefits. In addition, workers’ compensation benefits are available without regard to who or what caused the accident that led to the burn injury.
As part of a workers’ compensation claim, an accident victim can pursue and recover various types of benefits, including compensation for medical expenses, lost wages, and in some instances, benefits for a permanent injury. To recover permanency benefits, a qualified medical provider must determine that the burn injury is permanent or that it resulted in some type of disfigurement or scarring.
In addition to filing a workers’ compensation claim, an injured worker might also file a third-party claim arising from their burn injury. Although the worker cannot sue their employer directly, the worker can file a claim against the manufacturer of a defective product or an at-fault motor vehicle driver who caused the accident that led to the burn injury.
If you have suffered your burn injury while you were on the job, a knowledgeable St. Louis burn injury attorney at Dixon Injury Firm can determine your legal options. Specifically, we can help you determine whether you are eligible to file a workers’ compensation claim as well as a third-party claim against an at-fault individual. In either case, we will zealously advocate for your rights and pursue the benefits and other compensation that you deserve.
You want a legal team that knows how to maximize your compensation, and you should look no further than our firm if you are in the St. Louis or Metro East areas and you suffered serious harm and losses.
Talk to a Knowledgeable St. Louis Burn Injury Lawyer About Your Legal Matter Today
The skilled legal team at Dixon Injury Firm can help you pursue the monetary compensation that you need and deserve for your burn injury by way of a third-party negligence claim or a claim for workers’ compensation benefits. We will zealously advocate for your legal interests, both at the negotiating table and in the courtroom, to ensure that you recover full and fair compensation for your burn injury.
For a free legal consultation and case evaluation with a knowledgeable St. Louis burn injury attorney, please call us today at (314) 208-2808 or contact us online for more information about how we can help.
The Dixon Injury Firm
9666 Olive Blvd #202,
St. Louis, MO 63132