If you have suffered any type of burn injury, it may be time to hold those accountable for these accidents. The best approach to achieving that remedy is to get support from an experienced Charleston burn injury lawyer.
At DiPiero Simmons McGinley & Bastress, PLLC, we have over 150 years of combined personal injury experience. Our legal team offers compassionate representation for our clients through every step of their claims process. We want to be your advocate so you can focus on healing.
How a Charleston Burn Injury Lawyer Can Help Your Claim
DiPiero Simmons McGinley & Bastress, PLLC, is here to support you throughout this challenging time. Our experienced Charleston burn injury attorneys have a proven track record of success representing burn victims and their families. We understand this is a difficult time for you, and we strive to make the legal process seamless so you can focus on your recovery. Here’s what we can provide:
A Thorough Investigation
To prevail in a burn injury claim, you need to have the evidence on your side. Our team will look into every possible aspect of liability. Our team will examine evidence, including police reports, witness statements, and scene documentation, to build a strong case on your behalf.
We collaborate with qualified experts, such as accident reconstruction specialists, medical professionals, and financial analysts. With their insights, we can strengthen our client’s case.
Skilled Negotiators
We’re experienced at negotiating with responsible parties and their insurers. Our goal is to negotiate a settlement that will cover our client’s current and future expenses. A settlement in a burn injury claim is unique because it also includes pain and suffering. We work closely with our clients to calculate the maximum amount due.
We’ll Represent You in Court
If we reach an impasse with the insurance company, we may recommend filing a civil complaint as the best course of action. Our attorneys are skilled litigators who understand how to present evidence and supportive testimony to a jury, helping to secure a positive outcome.
We understand the physical, emotional, and financial toll that burn injuries can have on you and your family, and we’re here to help you navigate this difficult time with compassion, support, and expertise.
What Are the Common Types of Burn Injuries in Charleston?
According to data collected for their 2024 report, the American Burn Association found that each year, one person per every 10,000 U.S. citizens requires hospitalization for a burn. The data also revealed the following for information based on one year’s data:
- 45% of all burn injuries were caused by flame or flash flame.
- 7,674 burns occurred alongside additional trauma injuries.
- 10,125 burn injuries required a stay in the ICU for a total of 110K ICU days
- $660 million was the cost for ICU care for burn victims
Burn injuries can be caused by a variety of sources, such as:
- Direct contact with flames, steam, or hot metal can happen in a house fire, workplace accident, or vehicle crash.
- Spilling boiling water or touching a hot stove can cause damage and injuries.
- Electrical burns occur when a person is exposed to electrical currents, commonly due to faulty wiring, lightning strikes, or electrical equipment accidents.
- Radiation burns happen when a person is exposed to prolonged ultraviolet (UV) rays from the sun or other sources like tanning beds and certain medical treatments.
- Strong acids, alkalis, paint thinner, gasoline, and other chemicals that come into contact with the skin can cause chemical burns.
While many of these burns can happen because of your momentary careless action, just as many can be caused by someone’s negligent action. Bottom line: You can’t sue yourself, but you can certainly sue to recover damages from a burn injury caused by someone else.
How Is the Severity of a Burn Classified?
The severity of burns varies. It ranges from minor first-degree burns to life-threatening third-degree ones. These different degrees can cause varying levels of discomfort and damage to the skin and underlying tissues.
First-Degree Burns
First-degree burns are the mildest type. They often cause only a little redness and discomfort. In most cases, these injuries affect only the outermost layer of the skin, known as the epidermis.
Second-Degree Burns
Second-degree burns are more serious. Many times, superficial blisters can form on the skin. They are filled with clear fluids and are often more painful than first-degree burns. This type of burn extends deeper into the skin. Usually, they only affect the superficial dermis layer, but in some cases, the deep dermis layer can be damaged as well.
Third-Degree Burns
Third-degree burns are the most severe type. Usually, there is some charring of the skin. This burn develops into hard, leather-like scabs. For an injured person, it can be incredibly painful. However, third-degree burns may lead to the destruction of nerve endings.
Fourth-Degree Burns
Finally, fourth-degree burns are the most catastrophic type of burn. These injuries can affect other parts of the body, such as the muscles or bones. In many cases, amputation is necessary.
Any type of burn can turn into a serious and painful condition. If you have been injured in an accident and suffered from a burn, make sure to seek medical help immediately. Getting assistance right away can make the difference between a full recovery and long-term complications.
What Is the Impact of Burn Injuries?
No matter the degree of the burn, it can leave indelible marks on the victims. Burn injuries can result in permanent scars on the skin. These can affect the appearance of the injured area and have an impact on a person’s self-esteem and body image.
Burn survivors often experience ongoing pain, sensitivity, and discomfort at the injury site. In turn, that can create problems with quality of life and the ability to perform daily activities. Severe burns may restrict movement due to tissue damage. Sometimes, this limits a person’s independence and ability to perform tasks.
However, burns cause more than physical injuries. Burn injuries are often traumatic. Many times, a person will experience anxiety, depression, and post-traumatic stress disorder long after the events of the accident. Let’s not underestimate the financial hardships.
The treatment of burn injuries can be expensive. Costs for surgeries, rehabilitation, and ongoing therapy can quickly add up.
Additionally, burn survivors may miss work or face career limitations during recovery, resulting in lost income and potential financial instability.
Who Can Be Held Accountable in Burn Accidents?
While some incidents may be accidental, there are times when a person, business, or other entity was negligent in their actions. In these cases, they can be liable for any damages and injuries suffered as a result of the burn accident. Some potentially responsible parties may include:
- Property owner: If the burn occurred on someone else’s property, like a home, business, or public place, the owner may be liable.
- Employers: Workplace burn injuries can result from unsafe conditions, inadequate training, or negligence.
- Product manufacturers: Defective products, faulty electrical appliances, chemicals, or flammable materials can cause burns.
- Drivers: Negligent drivers who cause accidents that lead to burns may be accountable for their actions.
- Health care professionals: If someone was burned during a medical procedure, health care providers may be liable for negligence.
- Utility companies: Electrical burns caused by faulty wiring or utility company negligence may lead to liability claims.
- Third parties: Contractors, subcontractors, or maintenance personnel working on a property may contribute to burn injuries.
How To Prove a Burn Injury Claim?
There is one vital aspect of burn injury claims: negligence. In any personal injury lawsuit, you need to show that these parties were negligent or reckless in their actions by establishing:
- Duty of care: You need to show that the defendant owed a duty of care. For example, they needed to maintain safe premises, follow safety regulations, and not drive recklessly.
- Breach of duty: Along with that, you also must demonstrate that the defendant breached this duty by producing defective products, failing to address known hazards, or causing an accident.
- Causation: Also, there needs to be a direct link between the breach of duty and the burn injury.
- Finally, you need to show that the above actions caused damages through physical, emotional, or financial means.
With the complexities of these cases, you will want to reach out to a Charleston burn injury lawyer for a full assessment of your case. They can investigate the cause of the accident, gather relevant evidence, and help you determine the liable parties.
With all of that, you can take a solid legal case and enter into negotiations with the relevant insurance carriers. In extreme cases, a burn injury claim might end up in a courtroom before a jury.
At DiPiero Simmons McGinley & Bastress, PLLC, our dedicated burn injury attorneys have the skills, resources, and knowledge to help you pursue compensation from these liable parties. We are equally adept at negotiating on behalf of our clients and presenting them in court.
Whether you have been injured at work, from a defective product, or in a vehicle accident, we want to hear about what happened.
Frequently Asked Questions
If you’ve been burned in an injury that was caused by someone else’s actions, you’ll have questions about your claim and what the next steps should be. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC can answer those questions, starting with the following:
How soon do I have to file a burn injury claim?
The statute of limitations is the amount of time you have to file a personal injury claim. That time starts on the date of the accident. According to West Virginia law, you have two years to file a claim. You don’t have to wait until you are completely recovered from the burn injury before you file. It is important to understand what the full scope of your damages might be, but we can help make those calculations.
What type of damages can I recover?
Due to the catastrophic nature of these injuries, you may receive both economic and non-economic damages, including the following:
- Medical expenses for emergency room visits, hospital stays, surgeries, rehabilitation, and physical therapy.
- Lost wages and income for both past and future earning potential.
- Pain and suffering for the physical pain, emotional distress, and suffering caused by the burn injury.
- Disfigurement and scarring stemming from the impact on your appearance and self-esteem.
- Emotional distress and mental anguish can develop into anxiety, depression, and post-traumatic stress.
- Loss of enjoyment of life when the burn injury affects your ability to participate in activities you once enjoyed.
- Permanent disability or impairment can be awarded for burns that create lifelong effects.
Punitive damages could be awarded if the injuries resulted from intentional misconduct or extreme negligence. If you have been the victim of a burn injury in Charleston, we are here to assist with your claims. We’ll aggressively advocate on your behalf to help you pursue the maximum award benefits.
Is the compensation for a burn injury limited by the insurance coverage?
Yes, your potential settlement may be limited by the boundaries of the insurance policy. For instance, if you get into a car accident, the car owner might have liability insurance with a $50,000 limit. That is all that the insurance company would be obligated to pay.
What if your damages are more than the insurance policy limits? In those scenarios, you could pursue a claim against the individual car owner.
Do I need an attorney?
A burn injury claim can be complex. It can involve negotiating with an insurance company with a small army of attorneys.
It can also mean filing a lawsuit and presenting your story in court. Technically, you can file an insurance claim on your own, but there is no guarantee you’ll get the forms correct or that you won’t face resistance from the insurance carrier. All of this means you need a fierce advocate on your side who will elevate what happened to you and help you achieve the maximum benefits you are due.
Will my burn injury case settle out of court?
It is entirely likely. Nearly 95% of burn injury cases will settle out of court. It helps when we present compelling evidence that demonstrates how the at-fault party caused the accident.
When a company is involved, such as a truck carrier, it might want to settle the case without the bad publicity. It is our experience that when we file a lawsuit, the defendants recognize our resolve and that motivates them to settle.
Contact a Charleston Burn Injury Lawyer Today
If you have suffered from a burn injury in Charleston, it is time to take the next step in your case. At DiPiero Simmons McGinley & Bastress, PLLC, we have successfully advocated for our clients, helping them recover compensation for their cases.
Negligent and reckless parties need to be held accountable for their actions. This is the time to learn about your legal options and pursue a legal case.
If you are curious about your potential case, schedule a free consultation with a burn injury lawyer in Charleston today.
