Can You Sue for First Degree Burns?

As a person who had first-degree burns after taking a cup of coffee in a restaurant, you might be wondering if you have the legal right to make a claim. Burn injury claims should not be taken lightly and you should not let negligent parties remain unaccountable for your injuries.

While a first-degree burn is the least severe type of burn, it can be painful and difficult to treat in many cases, such as when skin color is changed permanently or the location of the burn is near a delicate area such as the lips, eyes, or genitals. 

First-degree burns, second and third-degree burns can have a significant impact on a person’s life if the resulting disfigurement cannot be fully corrected. Burn treatments, such as skin grafts, take months or even years to complete. In the meantime, burn victims suffer both physically and emotionally.

According to burn injury attorney Chad D. Engelhardt, you should understand that there are rules regarding the principle of personal injury and what defines negligence in burn injuries. The facts of the incident that led to the injury have to be assessed first and your chosen attorney will look at the likelihood of a win in court. 

Consulting with a qualified personal injury attorney can ensure that you will get the compensation that you deserve.

Legal Basis for First-Degree Burn Lawsuits

If you have received a first-degree burn as a result of another person’s recklessness, you may be able to bring a case. A first-degree burn may not be serious, but it still causes you significant discomfort, some level of pain, and possible scar formation.

Negligence means lack of care on the part of the defendant in a suit or action leading to harm to the claimant by not taking acceptable measures in a legal sense. To justify legal action against the other party, you would have to indicate that the individual providing care owed you a duty of care and failed to exercise it, resulting in your injury. 

Negligence and Liability

One needs to consider the concept of negligence and actionable wrongs when seeking legal redress for first-degree burns due to the negligent action of another. A burn injury lawyer in Tucson, AZ,  defines negligence as a lack of ordinary or reasonable care. If your burns resulted from someone’s negligence, you have the option to pursue legal action against them to seek compensation for your injury.

To establish liability in a first-degree burn case, you must prove four key elements:

• Duty refers to the legal obligation the defendant has to act in a certain way to prevent harm to others.
• Breach of duty occurs when the defendant fails to meet this obligation.
• Causation links the defendant’s breach of duty to your first-degree burns.
• Damages refer to the harm or losses you suffered as a result.

Factors Impacting Case Success

Evidence is needed when you seek to establish negligence or fault in causing the burns. Some lawyers may include photos and medical records documenting them, as well as any documents including incident reports or communication concerning the occurrence.

Witnesses present in the case can also testify to their account of events. People’s testimony, which may be first-hand evidence, can help in determining who is right or wrong due to the observation of the events that took place. 

Consulting with a doctor, other medical personnel, or specialists who are handling burn cases can significantly contribute to determining the extent of the injuries, the treatments that need to be offered, as well as future implications.

Compensation for Damages

There are different types of damages that may be awarded in a case when seeking remedies for a first-degree burn. These could be special damages that entail losses like medical bills, lost wages, and damage to property that has arisen as a direct consequence of the occurrence. You may also have claims for so-called ‘punitive’ and ‘economic’ damages despite the burns because the Constitution allows you to sue for general damages for pain and suffering, for loss of quality or enjoyment of life, and for being emotionally distressed.

Now let’s look at the elements that are considered while calculating the compensation for the damages, such as: a) extent of the burns; b) loss of daily activities; and c) comparative negligence of the responsible party. This means that every single expense should be well documented. Records of all treatments received should be kept. 

In addition, the effects of the injuries and disorders must be well articulated to enable the realization of fair compensation.

Seeking Legal Representation

Consulting an experienced lawyer is helpful because it raises your odds of success in securing the rightful compensation for your injuries.

Conclusion

If someone was negligent and caused first-degree burns, you can file a lawsuit. The best evidence of burn treatment includes the records of all the treatments that you received, all the expenses incurred in the process, and the way that the burns have affected your life.

Being represented by an experienced lawyer can mean that you will receive justice for your pain and suffering.