Have you ever burned yourself during a house chore or a workday? Painful, isn’t it? You want the pain and burning to stop but it just doesn’t. We’re not even talking about the severe second degree burns or third degree ones. But even minor burns can be painful and require care. So, what are the things you must prove to win a burn injury claim?
If you’ve wondered about this question in hopes of recovering compensation, via a personal injury attorney for a burn injury, this article is for you. However, there are different types of burn injuries and only victims know how badly a burn injury can impact their lives.
Why A Burn Injury Claim Is a Serious Matter
The World Health Organization (WHO) in 2023 claimed that an estimated 180 000 deaths every year are caused by burns. That’s a big number, which makes it necessary for people to know the legal options for such cases.
Suffering a burn injury can be a traumatic experience, both physically and emotionally. Whether it’s first degree burns that heal quickly or severe burn injuries like third degree burns and fourth degree burns, the impact can be life-changing.
If your burn injury occurs due to someone else’s negligence, you may have the right to file a burn injury claim and seek compensation. However, to win your case, you must prove specific elements that establish liability and damages. Here’s what you need to prove and why each element matters.
9 Things You Must Prove to Win a Burn Injury Claim
One of the main reasons why victims do not pursue a burn injury lawsuit is because accident victims believe only property damage is eligible for compensation. and intense pain and suffering have no legal standing. But, that’s far from the truth, we understand you may even have questions for a burn injury lawyer.
If you’re ready to pursue the litigation process based on your circumstances surrounding your injury, here are the 9 things you must prove to win a burn injury claim:
1. Duty of Care Existed
Before you can hold someone accountable, you must show that they had a legal duty to prevent harm. This duty depends on the relationship between you and the at-fault party. For example:
- Employers must provide proper safety equipment and safe working conditions.
- Property owners must ensure their premises are free from hazards like faulty electrical wiring.
- Drivers must follow traffic laws to prevent accidents that lead to the burn injuries were a direct result of the defendant’s actions or negligence (by car accidents or other incidents).
If this duty is breached, you may have a case for burn injury compensation.
2. Defendant Breached Their Duty
Once you establish that a duty of care existed, the next step is proving that the defendant breached this duty. This means showing that their actions (or lack of action) directly led to your injuries. Some examples include:
- A landlord ignoring faulty electrical wiring, leading to an electrical fire.
- A company failing to follow safety regulations, exposing workers to hazardous materials.
- A driver causing an accident that results in burn injuries from a fuel explosion
Proving negligence is crucial for your burn injury lawsuit, as the defendant will likely try to argue that they weren’t responsible.
3. Burn Injuries Caused by Negligence
You need to show that the burn injuries caused were a direct result of the defendant’s actions or negligence.
If a business owner left hazardous chemicals exposed, leading to chemical burns, or a defective appliance caused an electrical fire, these factors must be linked to your injuries. Without this connection, the defendant may argue that your injury was unrelated to their actions.
Your burn injury lawyer will help gather evidence to prove that negligence directly led to your injuries, so that insurance companies or courts do not dismiss your claim
4. You Suffered Harm as a Result
Injury claims require proof that you suffered harm. This means showing not just the injury itself, but how it has affected your life. Burns can lead to:
- Permanent scarring and disfigurement
- Serious infections requiring extensive medical care
- Emotional trauma such as emotional distress and mental anguish
- Reduced mobility, affecting your ability to work or enjoy daily activities
Without clear evidence of harm, your burn injury attorney will have difficulty securing proper compensation for your suffering.
5. Documenting Burn Injuries
Strong physical evidence is essential for any burn injury attorney fighting for your case. This includes:
- Photographs of your burns at different healing stages
- Medical records showing treatment and prognosis
- Expert testimony from doctors detailing the depth of damage to both the outer layer and deeper skin layers
The more documentation you have, the stronger your case will be. Properly documenting burn injuries ensures that insurance companies cannot downplay the severity of your condition.
6. Medical Treatment and Expenses
Seeking medical treatment immediately after a burn injury occurs is critical. Not only does it help with recovery, but it also establishes medical proof for your personal injury claims.
Courts and insurance companies rely on medical records, medical bills, and expert opinions to calculate fair compensation.
Your medical expenses may include:
- Emergency care for burn stabilization
- Surgical procedures like skin grafts
- Rehabilitation costs for mobility recovery
- Medication and pain management
Serious burns often require extensive medical care, which can lead to a significant financial burden. This is why securing a fair settlement is essential.
7. Lost Wages and Financial Burden
Burn injuries can leave victims unable to work for weeks, months, or even permanently. You must provide evidence of lost wages, showing how your injury affected your ability to earn. This includes:
- Pay stubs and tax returns to prove previous income
- Employer statements detailing missed workdays
- Medical opinions explaining how your condition limits work capacity
For severe cases, you may also claim future lost earnings, especially if your injury prevents you from returning to your previous job.
8. Non-Economic Damages
Beyond financial loss, pain and suffering play a major role in burn injury cases. The fair settlement you deserve should consider non economic damages like:
- Physical pain from burns, surgeries, and treatments
- Emotional distress due to disfigurement and lifestyle changes
- Loss of enjoyment in life due to reduced mobility or psychological trauma
Burn victims often deal with PTSD, depression, and anxiety, which should be considered in burn injury settlements.
9. Witness Statements and Expert Testimony
Eyewitness accounts and expert testimony can make all the difference in a burn injury claim. Statements from bystanders, coworkers, or first responders can confirm how the injury happened. Additionally, expert witnesses like medical professionals or safety specialists can validate that the defendant’s negligence directly led to the accident.
Some key witnesses may include:
- Firefighters who responded to the scene of an electrical fire
- Workplace safety experts who can testify about missing safety measures
- Medical professionals explaining the long-term impact of burns
These testimonies strengthen your case, increasing the likelihood of securing a favorable settlement.
Final Thoughts: Get the Legal Help You Deserve
Proving a burn injury lawsuit requires strong evidence, clear documentation, and an experienced burn injury lawyer who understands what it takes to win. Whether you’ve suffered from electrical burns, chemical burns, or burns from a car accident, having the right burn injury lawyer can make a significant difference in securing a favorable settlement.
Fight Your Burn Injury Lawsuit With BLG
If you or a loved one have suffered a burn injury due to someone else’s negligence involving hazardous materials, a workplace accident, or unsafe conditions, don’t face the legal process alone. All you need is the right burn injury lawyer to recover compensation.
We get it if you do not know who to trust for your case, but we have you covered. Bourassa Law Group offers a free consultation to evaluate your case. Contact their team today to discuss your rights and start your path toward injury compensation.
1-800-870-8910