A severe burn requires extensive medical intervention and could have a permanent impact on your physical functioning, emotional well-being, and overall health. When someone else is to blame for the incident that caused the injury, you could seek compensation from the responsible party.
A Tempe burn injury lawyer from the Phillips Law Group has represented burn victims in this area for decades. Working with an experienced catastrophic injury attorney ensures you can focus on recovering from your harm while your legal professional works to get you the compensation you deserve.
Burns damage the skin and can penetrate underlying tissues. Most first and second-degree burns impact only the outermost layers of skin, and first aid is usually sufficient to treat them. However, severe burns are more medically complicated and potentially catastrophic.
When the body suffers a significant burn, it sends fluid to the damaged area, which could starve the brain, heart, lungs, kidneys, and other organs of oxygen and other nutrients. This oxygen deprivation is one of the most dangerous complications of burn injuries. Infection is also a potential complication of a severe burn.
Additionally, severe burns take a long time to heal. Someone with third- or fourth-degree burns might spend months in the hospital, and the full impact of their injuries might not be known for years. Arizona Revised Statutes § 12-542 allows an injured person only two years from the accident date to file a lawsuit, so it is critical for burn victims to seek legal representation as soon as they are able, even if they are not yet fully recovered.
A burn could result from a house fire, an accident at work, a motor vehicle accident, or a malfunctioning product. Radiation treatment for cancer or other diseases can also cause burns, as can exposure to incorrectly stored chemicals or frayed cords.
Our Tempe attorneys could review the circumstances of a burn injury to determine whose negligence led to the incident. Negligence is a failure to act as a reasonably careful person would behave in similar circumstances. Depending on the situation, negligent parties could include:
Any person, company, or government whose lack of care led to the incident that caused the burn could be responsible for an injured person’s losses. However, if the injured person’s actions had a role in the incident, they must absorb the portion of their damages that resulted from their conduct.
The legal term for the compensation an injured person seeks in a lawsuit is “damages.” An injured person’s compensation can include economic or special damages, non-economic or general damages, and sometimes punitive damages.
This category of damages reimburses expenses the injured person, and their family incur due to the burn. Common examples of economic damages are the value of lost or destroyed property, medical costs, ancillary services, incidental expenses, and diminished income due to lost wages and investment opportunities. Future medical expenses and reduced earning capacity are also components of economic damages.
Non-economic damages, sometimes called general damages or pain and suffering damages, compensate for the injured person’s diminished quality of life. Burns are excruciatingly painful, as is the treatment for them. Scars from burns can be disfiguring. Severe burns can lead to amputation or reduced functionality of the affected body part, leaving the individual disabled and perhaps unable to engage in the activities they enjoy.
A court might award punitive or exemplary damages when a defendant’s conduct is so outrageous that the court believes they deserve punishment beyond compensating an injured person’s losses. There is no law that directs when it is appropriate to award punitive damages in Arizona. Instead, the courts have indicated punitive damages might be appropriate when an injured person can prove the harm was intentional, the defendant acted out of spite or ill will, consciously disregarded a known risk, or engaged in outrageous conduct that was the direct cause of the injury.
A Tempe burn attorney from our firm could explain how to document expenses and compile records to present adequate proof of loss to ensure a damage award appropriately reimburses an injured person.
Accountability is critical when another party’s careless, reckless, or intentional act results in a serious burn. Working with a Tempe burn injury lawyer could protect your rights and ensure you have the best chance of receiving appropriate compensation for the devastating losses you have suffered. Reach out to the Phillips Law Group today to begin working with a dedicated local advocate who is not afraid to stand up for your best interests in or out of the courtroom.
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