A serious burn is among the most painful injuries that any person can suffer. According to data from the American Burn Association (ABA), in 2021, there were “398,000 fire or burn-related injuries…along with 252,000 injuries related to hot objects or substances.” If you suffered a burn due to the negligence of another party, it is imperative that you are able to recover full and fair financial compensation. Here, our Baton Rouge burn attorney provides an overview of your rights and your options in the personal injury claims process in Louisiana. 

All Burn Injuries Require Prompt Medical Care

No matter the type of burn injury you suffer, it is imperative that you take immediate action to get professional medical assistance—especially if it may be a second-degree burn or a third-degree burn. These are serious injuries, and they should be treated as such. Prompt medical care can help to facilitate the physical and mental recovery process. Further, medical documentation is key if you want to bring a personal injury claim for a burn in Louisiana. 

An Overview of the Classification of Burn Injuries

Burn injuries can occur in a wide range of different ways. These injuries can also vary dramatically in their cause, kind, and degree of severity. Notably, burn injuries can be intensely painful due to the destruction of skin and nerve tissue they cause. In Louisiana, burn injuries are split into three broad categories to help classify their level of severity: 

  • First-Degree Burn: A first-degree burn is sometimes referred to as a superficial burn. It is called such because it generally affects only the outer layer of the skin (epidermis). However, that is not to say that all first-degree burns are “minor.” They can be very painful. Indeed, this type of burn typically results in redness, inflammation, and pain in the affected area. The skin may be tender to the touch and can feel warm. There may be scarring. 
  • Second-Degree Burn: A second-degree burn is a burn injury that extends beyond the epidermis into the deeper layer of skin (the dermis). The burn leads to blisters, severe pain, and significant swelling. Notably, the affected area may appear red and splotchy and can be extremely sensitive to touch and temperature changes. Healing from a second-degree burn can take weeks or even months. Immediate medical attention is a must.
  • Third-Degree Burn: A third-degree burn is a catastrophic injury. It is a very severe burn that destroys both the epidermis and dermis. Further, very bad third-degree burns may affect underlying tissues like fat, muscle, or even bone. The burned area might appear white, blackened, or charred, and the skin becomes dry or even leathery. One of the most counterintuitive aspects of third-degree burns is that there is often less initial pain. The reason is that third-degree burns cause terrible nerve damage to the affected area. However, healing can be a painful, difficult process. A skin graft may be required. 

You Have the Right to Hold a Negligent Party Liable for a Burn Injury 

In Louisiana, personal injury liability—including in a burn case—is generally based on the legal theory of negligence. A negligent party can be held liable for causing a burn injury to another person. Negligence is the failure to exercise due care. What constitutes negligence is highly case-specific. Here are some examples of how negligence can contribute to a burn injury: 

  • Property Owner Negligence: In Louisiana, property owners and property occupiers have a legal duty to maintain a safe environment for visitors. If they fail to repair hazardous conditions or warn about potential dangers, they can be held liable for injuries that occur on their property. For example, a restaurant owner who neglects to fix a faulty kitchen appliance may cause a fire, resulting in burn injuries to patrons. They bear liability. 
  • Motor Vehicle Collision: Burns are a serious risk in automobile accidents. Negligent behaviors such as speeding, texting while driving, or driving under the influence increase the risk of accidents. If a crash then causes a burn injury, a negligent driver can be held legally responsible for the resulting damages.  
  • Dangerous and Defective Product: Manufacturers, distributors, and retailers have a responsibility to ensure that their products are safe for consumer use. If a product is defectively designed, improperly manufactured, or lacks sufficient warnings and instructions, it can cause burn injuries. Examples include electronic devices that overheat and catch fire. Louisiana operates under a strict liability standard for product defect cases. 

Under Louisiana law (L.S.A. C.C. Art. 2323), a pure comparative fault standard applies to personal injury claims, including burn injury cases. How does the process work? If an injured victim is partially at fault for their own burn injury, they will be proportionately liable for their damages. For example, imagine that you are deemed 20% at fault for your burn injury. You would be responsible for 20% of your own damages.  

Recovering Compensation for a Burn Injury in Louisiana

Did you sustain a serious burn injury in an accident? If so, you have the right to seek compensation for the full extent of your damages, including any non-economic losses. Louisiana law allows injured victims the chance to take action to get “whole” after an accident. Compensation is generally tied to a victim’s actual damages. Unfortunately, injured victims may run into serious challenges from insurance companies. Insurers fight aggressively to try to settle cases for less. Through a burn injury claim in Louisiana, you may be able to recover compensation for: 

  • Emergency room care; 
  • Hospital costs; 
  • Medical bills; 
  • Skin graft surgeries; 
  • Medications; 
  • Medical equipment; 
  • Loss of wages; 
  • Loss of earning power;
  • Pain and suffering; 
  • Mental distress; 
  • Disability; 
  • Disfigurement; and
  • Reduced quality of life. 

Consult With Our Baton Rouge, LA Burn Injury Lawyer Today

At Babcock Injury Lawyers, our Baton Rouge personal injury attorney has extensive experience handling burn injury cases. If you suffer a severe burn, we are more than ready to help. Call us now or contact us online to set up your free, fully private case review. With an office in Baton Rouge, we handle burn injury claims throughout the wider region of Louisiana.