You can sue for a burn injury caused by someone else’s negligence in Missouri. A Kansas City burn injury lawyer will need to prove that someone else owed you a duty of care, violated their duty, and directly caused your burns to bring you compensation through a lawsuit.
A 2024 report of a five-year study by the American Burn Association reveals that:
- In 2023, there were 32,540 burn victims who required inpatient hospitalization at a burn center;
- In the five-year period from 2019 to 2023, there were 156,073 inpatient hospitalizations for burn injuries;
- Approximately 45% of all burn injuries were caused by flame or flash fires;
- About 61% of all incidents occurred in a private residence, more than 30% of which occurred on a weekend;
- Burn victims who also suffer a traumatic injury are 3 times more likely to die from their injuries;
- Collectively, more than 10,000 burn victims spent more than 110,000 days in the hospital in 2023 alone;
- Intensive care costs for burn victims costs over $660 million per year.
If you or a loved one have suffered a burn injury as a result of someone else’s actions, you may be entitled to compensation for your injuries. The compensation you receive will depend largely on the nature and extent of your burn injuries and the amount of medical care you need to treat your injuries. Understanding the different classifications of burns and their effects on the body will help you and your burn injury lawyer determine the value of your personal injury claim.
Suing the liable party may give you money to cover all of your economic and non-economic losses after you sustain a burn injury.
When Can You Sue for a Burn Injury in Missouri?
Burn injury victims can file a lawsuit in the civil court system if someone else caused their injuries through negligence or misconduct. You may qualify for a lawsuit if your Kansas City personal injury lawyer can establish that someone caused an accident that left you with financial losses.
Your attorney must provide proof of another party’s negligence to resolve a personal injury lawsuit successfully. Therefore, attorneys need to investigate quickly after an accident so they can collect evidence. Your attorney may need to:
- Visit the site of your accident
- Talk to eyewitnesses to take down their official statements
- Get copies of accident reports
- Work with burn injury experts
Any evidence your lawyer collects may improve the odds of a successful result for your burn injury lawsuit. Hiring an attorney immediately after your accident can improve your odds of success.
What Are the Different Types of Burn Injuries?
Johns Hopkins Medicine describes a burn as any type of damage to the skin or underlying tissue caused by thermal, electrical, chemical, or electromagnetic energy.
- Thermal burns. Thermal burns are the result of contact with or exposure to a heat source, such as hot objects, scalding liquids, steam, or flames. When the heat from the source increases the temperature of the skin and surrounding tissue, living cells in the tissue becomes charred and die, causing a thermal burn.
- Electrical burns. Electrical burns occur when electrical current enters and exits the body from an electrical source, such as exposed wires, lightning strikes, or stun guns. Either alternating current (AC) or direct current (DC) can cause electrical burns. These burns usually result in superficial skin damage, but because the electrical current travels through the body, it often causes internal injuries to the heart, kidneys, muscles, and nervous system. The severity of an electrical burn may depend on the voltage of the source—the higher the voltage (over 500 volts is considered “high voltage”) the more severe the burn.
- Chemical Burns. Chemical or “caustic” burns are the result of corrosive material, like acids, alkalies, detergents, or solvents coming into contact with the skin, eyes, or mouth. Such toxic chemicals are found in many common household items, such as bleach, ammonia, battery acid, metal cleaners, drain cleaners, pool chlorine, and tooth-whitening products.
- Electromagnetic burns. Electromagnetic or radiation burns result from prolonged exposure to radiation, such as from the ultraviolet rays of the sun, X-rays, or cancer radiation treatment. Radiation burns can be minor, such as from a common sunburn, or can affect deep tissues and internal organs, resulting in more systemic complications and potential long-term illness.
What Are the Different Classifications of Burn Severity?
Burns are generally described as fitting into one of four classifications, which indicates the nature and extent of the damage to the skin and underlying tissue that the burn has caused. These include:
- First-Degree Burns. A first-degree burn is a mild, superficial burn that affects the outer layer of the skin, called the “epidermis.” A typical first-degree burn may include a minor sunburn or temporary contact with a hot object or scalding liquid. A first-degree burn may result in mild pain, redness, and swelling, but it usually heals quickly with no long-term scarring or disfigurement.
- Second-Degree Burns. A second-degree burn indicates damage that penetrates the epidermis and affects the second layer of skin, called the “dermis.” Someone who experiences a second-degree burn likely has had extended exposure to flames, chemicals, or other hot liquids, which resulted in intense pain, swelling, and blistering of the skin. Second-degree burns usually require medical attention and may take several weeks to heal.
- Third-Degree Burns. Contact or exposure to extreme heat, flames, chemicals, or electricity is often the cause of third-degree burns, which are severe, nerve-damaging burns that completely penetrate the skin and can affect bones, muscles, and tendons. Because of the extensiveness of the damage, a third-degree burn can require numerous surgeries, skin grafts, and rehabilitation over a period of many months. Third-degree burns typically result in scarring, disfigurement, and long-term disability.
- Fourth-Degree Burns. Some extremely severe burns may be categorized as fourth-degree burns. Like third-degree burns, fourth-degree burns damage bones, muscles, and tendons, but typically result in more permanent disfigurement and disability, and often may be fatal. Victims of fourth-degree burns may never recover from their injuries and may require amputation of affected limbs.
What Compensation Can You Get if You Sue for a Burn Injury?
You can sue for a burn injury in many cases, and when you do, you have a chance to secure compensation to cover all your expenses. Depending on your situation, your attorney may help you get funds to cover your:
Medical Expenses
Burns typically require expensive medical treatments, including surgeries, skin grafts, and extensive physical therapy. You may also need medications to prevent infections and help with the pain.
Filing a personal injury lawsuit may help you get the money you need to pay for all of your healthcare bills.
Pain and Suffering
Burn injury victims often deal with long-lasting effects on their mental and emotional well-being. Your attorney may help you get the funds you need to cover your emotional distress, pain, and mental anguish through a lawsuit.
Lost Wages
You may miss time at your job to recover after a burn injury. The liable party could provide funds for your lost page.
Some burns leave victims disabled and unable to return to their jobs. In this situation, the court may order the at-fault party to provide additional funds for the lost earning potential.
Punitive Damages
The court system in Missouri only awards punitive damages in rare cases. These damages will punish the person responsible for your accident, and they do not directly relate to your losses. An attorney can discuss your eligibility for punitive damages before filing your lawsuit.
Do You Have to Sue for a Burn Injury?
You may not have to file a lawsuit if you need compensation for your losses after sustaining a burn injury. Instead, your attorney may resolve your claim through negotiations with the insurance company that represents the at-fault party.
Many injury claims settle outside of court in Missouri. Settling may have some benefits. For example, going through settlement negotiations often takes less time than filing a lawsuit.
However, insurance companies will not always negotiate in good faith. Sometimes, they offer consistently subpar settlements or deny a burn injury victim’s losses altogether. In these situations, your attorney may move forward with a lawsuit.
How Long Do You Have to Sue After a Burn Injury?
Typically, you have five years to move forward with your legal claim after an accident that results in burn injuries. After five years, the statute of limitations for personal injury claims expires in Missouri in most cases.
Note that exceptions may change the amount of time available for you to take action after your accident. Fortunately, a lawyer can review your situation and provide exact details about the deadlines you face.
Talk to Us About Filing a Burn Injury Lawsuit
So, can you sue for a burn injury in Missouri? You may qualify to file a lawsuit if your lawyer can show that someone else caused your injuries through misconduct or negligence. Our team at Foster Wallace can immediately investigate the causes of your injuries and gather evidence to support your claim.
Our personal injury law firm has over four decades of combined experience that allows us to confidently help clients like you. We also have a reputation for bringing our clients over $1 billion in compensation.
We are fully prepared to assist with all your legal needs after you or a loved one suffers a burn injury, so reach out to us today. We’ll discuss your next steps, review your eligibility for a lawsuit, and stand by you until the final resolution of your claim.
