Burn injuries can be particularly devastating. Not only can they result in disfigurement, but they can lead to pain and suffering that lasts a lifetime. Many times, burn accident victims face lasting emotional and physical scars. These accidents often affect the burn victim and their family members for years to come.
If you have suffered any type of burn injury, it may be time to hold those accountable for these accidents. At DiPiero Simmons McGinley & Bastress, PLLC, we have over 150 years of personal law injury experience. Our Charleston, WV burn injury lawyer and the rest of the legal team offer compassionate representation throughout this time. Contact us today to learn more about how we can help with your case.
How Burn Injuries Occur in Charleston
According to the American Burn Association, about every minute, someone is severely burned and requires treatment. Those numbers amount to 486,000 injuries per year. 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.
Additionally, the severity of burns varies, ranging 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 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 are more serious. Many times, superficial blisters can form on the skin. They are filled with clear fluid 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 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.
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 from a full recovery to long-term complications.
The Impact of Burn Injuries
No matter the degree of the burn, it can leave indelible marks behind the victims. Burn injuries can result in permanent scars on the skin. These can affect the appearance of the injured area and impact 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 ability to perform daily activities.
Severe burns may restrict movement due to tissue damage or contractures. 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.
Accountability 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 burin 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.
There is one vital aspect of these cases: 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 or follow safety regulations.
- Breach of duty: Along with that, you also must demonstrate that the defendant breached this duty by producing defective products or failing to address known hazards.
- Causation: Also, there needs to be a direct link between the breach of duty and the burn injury.
- Damages: Finally, you need to show that the above caused damages through physical, emotional, or financial means.
With the complexities of these cases, you will want to reach out to a Charleston, WV burn injury lawyer for a full assessment of your case. They can investigate the cause of the accident, gather relevant evidence, and help you to determine the liable parties. With all of that, you can take a solid legal case to the negotiable table or courtroom.
At DiPiero Simmons McGinley & Bastress, PLLC, we have the skills, resources, and knowledge to help you pursue compensation for these liable parties, whether you have been injured at the workplace, from a defective product, or in a vehicle accident.
What Types of Compensation Can I Receive?
Due to the catastrophic nature of these injuries, you may receive both economic and noneconomic damages, such as:
- 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 these lifelong effects of the burns.
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 will aggressively advocate on your behalf to help you pursue the maximum award benefits.
Statute of Limitations in West Virginia
In West Virginia, the statute of limitations provides a timeline for a person to file a lawsuit or take legal action for a personal injury.
For personal injury claims, the deadline is two years from the date of the injury. After these two years have passed, you will not be able to pursue compensation for the damages you have sustained. This two-year time limit applies to injuries resulting from accidents and cases of medical malpractice, product liability, and other types of personal injury claims.
Protecting your rights to file a claim is important. If you want to make sure you don’t miss a deadline, reach out to our legal team.
How a Burn Injury Atorney in Charleston, WV Can Help
DiPiero Simmons McGinley & Bastress, PLLC, is here to support you throughout this challenging time. Our experienced 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.
We’ll start with a thorough investigation, looking into every possible avenue of liability and compensation. 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 their case.
We’re experienced at negotiating with responsible parties and their insurers. And if necessary, we will litigate aggressively to secure full compensation for you.
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.
Contact a Charleston, WV 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.
Neglect 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 consultation with a burn injury lawyer in Charleston, WV today.
