Suffering a burn injury is a painful experience that leaves a victim with serious physical, emotional, and financial difficulties. If someone’s negligence caused the burn injury, the victim may have the right to file a claim. But it will be up to them to make a compelling case.
The Maryland law firm of McGowan & Cecil, LLC works hard for the compensation that victims need for their medical bills, lost wages, and other losses. Did you suffer a burn because of someone’s irresponsible behavior? If so, find out how we can serve your legal interests.
Common Types and Causes of Burn Injuries
There are several different common types of burn injuries, the causes of which often point to negligence. Here are a few examples:
Thermal burns
A thermal burn occurs when the victim’s skin comes into contact with a hot surface or hot substance like steam, flames, or scalding hot liquids. They are often the result of:
- House, automobile, and workplace fires: The fire itself may have various causes like faulty wiring or a car accident.
- Industrial accidents: Employees may accidentally touch hot surfaces on the machinery with which they work, especially if proper safety guards are missing or defective.
- Kitchen accidents: Being in or near a kitchen risks a thermal burn from hot oil or boiling water.
Chemical burns
Corrosive substances like acids, alkalis, and solvents can cause chemical burns. These are frequently encountered in the industrial workplace setting but also the home, with causes including:
- Handling hazardous substances: Any contact with harsh chemicals can immediately cause burns, with splashing causing more widespread injuries.
- Strong cleaning products: Using cleansers around the house is common, but it demands precaution to avoid an accident.
- Manufacturing: Maryland companies frequently use chemicals in the manufacturing process, but they may easily be mishandled.
Electrical burns
Electricity that passes through the body generates heat and causes both external and internal burns. These burns can have such causes as:
- Malfunctioning appliances and machinery: Appliances and machinery that are defectively built or designed can easily cause an electrical burn.
- Contact with live wires: Particularly dangerous on construction sites, any contact with live wiring can be fatal.
- Faulty wiring: Improper wiring can cause a shock and burn, and this wiring can be present in the home, workplace, or elsewhere.
How to Prove Negligence Caused the Burn Injury
Getting burned is one thing, but the victim must prove negligence in order to succeed in a personal injury lawsuit. To do so in Maryland, the victim has to establish the following four elements:
- Duty of care: This means that the at-fault party owed a duty of avoiding conduct that could foreseeably cause the victim harm.
- Breach: A breach of the duty of care occurs when, due to negligent or intentional misconduct, the at-fault party fails to uphold the duty of care.
- Causation: The breach itself must directly cause the victim’s injuries.
- Damages: Finally, the victim must prove they suffered measurable damages for which they seek compensation.
Parties That Can Be Held Liable for a Burn Injury
Depending on the circumstances of your burn injury accident, you may be able to seek compensation from the following, among other parties:
- Employer (workers’ compensation): If you were burned on the job you should file a workers’ comp claim. This may pay for medical bills, wage reimbursement, and more.
- Non-employer third parties: Apart from workers’ compensation you could have the right to file against third parties like the property owner.
- Driver: If your burn was the result of a car accident, you can seek compensation from the driver. Normally this means filing against their automobile liability insurance company.
- Manufacturer of defective appliances and machinery: You can file a product liability lawsuit if an appliance or machine burned you. Faulty wiring is often the culprit in these cases.
Possible Damages in Your Maryland Burn Injury Lawsuit
Every burn injury lawsuit is different, so the damages for which you may be eligible will differ from those of another case. However, most victims can generally seek the following categories of damages:
- Economic damages: These are called “economic” because their monetary value is relatively easier to calculate than non-economic damages. They include medical bills, reasonably estimated future medical bills, lost income, decreased earning capacity, and more.
- Non-economic damages: So-called non-economic damages are more subjective in nature and include pain and suffering, emotional distress, scarring, disfigurement, and decreased enjoyment of life.
- Punitive damages: In rare cases of particularly egregious or malicious conduct, the court may award punitive damages. These are intended to punish the at-fault party’s behavior and deter future incidents of it.
How Can McGowan & Cecil, LLC Help Me?
You have your choice of personal injury law firms, and you want an attorney who will work for the full and fair compensation you deserve from start to finish. When you hire our Maryland law firm to handle your burn injury claim, we will:
- Put our experience to work for you: Our firm has over 120 years of combined experience and has handled more than 8,000 personal injury cases. We know what it takes to win the compensation our clients need to recover.
- Work directly with you on your case: We won’t pass your file off to a case manager. Your case should always receive personalized attention, which is why you will have direct access to your attorney for any questions or concerns.
- Invest in your case: Many personal injury clients benefit from expert witnesses and medical consultants. We prove how much we believe in your lawsuit by investing the necessary resources up front to take on the insurance companies.
We have secured millions of dollars of compensation for our clients, including seven-figure outcomes. And while past successes are no guarantee of future results, we have worked hard to develop our personal injury practice. Read just some of our reviews from satisfied clients.
Contact Our Maryland Burn Injury Attorney
At McGowan & Cecil, LLC, we understand the personal anguish and financial uncertainty you are likely facing in the wake of a burn injury. We’re ready to get to work fighting for the legal damages you deserve. Connect with us to schedule your free consultation now.
Frequently Asked Questions About Maryland Burn Injuries
Is there a deadline to file a burn injury lawsuit?
Victims do not have an unlimited amount of time to take legal action, thanks to a deadline known as the statute of limitations. In Maryland, the statute of limitations is usually three years from the date of injury. If you don’t file before this date, the court will likely dismiss your lawsuit.
While there are exceptions, they sometimes shorten the statute of limitations or involve narrow circumstances that won’t apply to most victims. It’s strongly advised that you speak with a lawyer at your earliest possible convenience, even if you think you have more time.
Can I still recover compensation if I was partially responsible?
Maryland is a pure contributory negligence state. This means that if you are even 1% liable for your own burn injuries in a personal injury lawsuit, you likely cannot recover anything. This gives defendants a strong incentive to try to blame victims for their own injuries.
That’s one reason you need a knowledgeable attorney who understands contributory negligence and how to refute allegations that you were partially liable. We’re ready to fight for the maximum compensation that you deserve.
What should I do after suffering a burn injury?
The first step you should take is call 911 to report any accident, or report it in writing to your supervisor at work. Get medical assistance immediately and document as much as you can about the accident (e.g. take pictures). Keep all records related to your injuries.
Importantly, do not speak with any insurance companies until you talk to a lawyer. The earlier you hire an attorney the better you can protect your legal interests.
Will my case go to trial?
Most burn injury lawsuits in Maryland settle without the need for a trial. Whether yours will settle depends on such factors as the severity of your burns, their effect on your potential damages, and the willingness of the at-fault parties to settle.
While we always try to settle cases for our clients, we do not do so at the expense of fairness to them. Let us review your case, advise you on your legal options, and help you make an informed decision of whether to accept a settlement offer or take your case to trial.