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Burn injury lawsuits involve legal claims related to burns from various accidents or incidents. The skin is the body’s largest organ and can suffer from serious scarring. Burn injuries can be extremely painful and lead to long-term, significant physical, emotional, and financial impacts.
There can be variety of burn injury incidents that need further investigation.
Including electrical burns from tissue damage and internal injuries caused by live electrical currents, electrocution or fatal electrical burns from high-voltage exposure.
Such as thermal burns from contact with hot liquids, steam, or hot surfaces.
Including burns from faulty products like malfunctioning appliances, flammable clothing, defective heaters, or unsafe household items.
Such as thermal burns from injuries in house fires, vehicle fires, or industrial accidents.
Including chemical burns from contact with hazardous substances like acids, alkalis, or industrial chemicals.
Specific legal criteria must be met to have a valid burn injury lawsuit, which includes:
The plaintiff must show that the defendant owed a duty of care to prevent harm. This duty could be owed by manufacturers, property owners, employers, or others responsible for safety.
The plaintiff must prove that the defendant breached this duty through negligence or failure to adhere to safety standards. Examples include unsafe product design, inadequate warnings, or failure to maintain safe conditions.
The plaintiff must establish a direct link between the defendant’s breach of duty and the burn injury sustained. This involves demonstrating that the defendant’s actions or negligence directly caused or significantly contributed to the injury.
The plaintiff must provide evidence of the burn injury and damages suffered. This includes medical records, proof of lost wages, and documentation of the injury’s impact on the plaintiff’s life.
The statute of limitations is the length of time you have to file a lawsuit after an accident. It can vary by state, but in Hawaii, you have two years after the date of the injury to file a burn injury lawsuit. There may be some exceptions to the statute of limitations if the full extent of the injuries is discovered at a later date.
In burn injury cases, clients may be eligible to recover multiple types of damages, including:
This includes medical expenses for emergency care, surgeries, and hospitalizations, future medical expenses for skin grafts, physical therapy, ongoing treatments, and psychological counseling, lost wages, including future earnings from a permanent disability or disfigurement, and applicable property damage to the plaintiff, such as clothing, electronics, or accessories.
This includes compensation for the physical pain and emotional suffering, the psychological impact of anxiety, depression, or post-traumatic stress disorder (PTSD), loss of enjoyment of life due to the injuries and skin damage, and loss of consortium, which provides for the negative impact on the plaintiff’s personal relationships including loss of companionship and support.
If a case is particularly egregious or malicious, punitive damages may be awarded to punish the defendant and deter similar behavior. These damages are less common and require proof of intentional misconduct or gross negligence.
A lawsuit cannot reverse your injuries or restore your skin to its pre-burn condition. However, the legal process can help you find justice and heal while ensuring you are financially sound in the future. After an initial consultation, our experienced team will provide an honest assessment of whether your case has merit. If we can help, we assess all the evidence so you can receive fair compensation for the full extent of your loss.
Find quick answers to common questions about preparing for a burn injury consultation.
In Hawaii, you have two years after the date of the accident to file a claim. There may be some exceptions to the statute of limitations if the extent of your injuries were not immediately known.
If you believe your accident in Maui was preventable, you need to file a lawsuit with a lawyer in Hawaii.
Compensation can vary based on the severity of your injuries, the impact on your daily life, and the degree of fault. Burn injuries are classified into degrees (first, second, third, and fourth) based on their severity. Higher-degree burns result in more significant damage and require more extensive treatment and will likely lead to higher compensation.
This can be complicated. Applicable insurance coverage could be through a business, property owner, or product manufacturer. We will thoroughly investigate the causes of the burn injury to determine potential coverage, which could be from multiple parties.