Burn Injury Attorney in Billings, Montana

If you or a loved one has suffered a burn injury in Billings, Montana, you understand the devastating impact it can have on your life. Whether caused by a workplace accident, a vehicle collision, a slip-and-fall, or a product malfunction, burn injuries can lead to immense physical pain, long-term medical expenses, and lasting emotional distress. 

At Gerstner Adam Law, our experienced burn injury attorney in Billings, Montana is committed to helping you work through your case and start rebuilding your life. We understand the challenges you face, and we're here to fight for your rights every step of the way.

Types of Burn Injuries

Burn injuries are categorized based on the depth of the burn and the extent of tissue damage. In personal injury law, the severity of the burn directly impacts the compensation a plaintiff may receive. The primary classifications are:

1. First-degree burns: First-degree burns affect only the outer layer of the skin, known as the epidermis. These burns are typically characterized by redness, pain, and mild swelling. While first-degree burns can be painful, they're often considered less severe in terms of long-term effects. Legal claims involving first-degree burns may result in lower compensation amounts, primarily covering medical expenses and minimal pain and suffering.

2. Second-degree burns: Second-degree burns extend deeper into the skin, affecting both the epidermis and the dermis. These burns can cause blistering, severe pain, and swelling. Scarring is often a concern. Second-degree burns are more serious than first-degree burns and can lead to significant emotional and physical distress. Compensation claims may include damages for pain, medical bills, lost wages, and possibly emotional distress.

3. Third-degree burns: Third-degree burns are the most severe and can damage all layers of the skin, including the underlying tissues. The skin may appear white, charred, or leathery, and the individual may not feel pain due to nerve damage. Third-degree burns are catastrophic injuries that require extensive medical treatment, including skin grafts, surgeries, and long-term rehabilitation. These cases can result in substantial compensation due to the life-changing nature of the injury.

4. Fourth-degree burns: Fourth-degree burns extend beyond the skin into deeper structures such as muscles, tendons, and bones. These burns can be fatal or result in permanent disabilities. Fourth-degree burns often lead to wrongful death claims or highly complicated personal injury cases involving substantial economic and non-economic damages.

Understanding the various types of burn injuries is crucial as well as their causes, as they help identify who may be held liable when you file your claim with your burn injury attorney in Billings, Montana.

Causes of Burn Injuries

Burn injuries can be caused by a wide range of factors, often involving negligence or accidents. The main causes of burns include:

1. Thermal burns: Thermal burns are caused by heat sources such as fire, steam, or hot surfaces. Personal injury cases related to thermal burns may arise from fires in residential or commercial buildings, car accidents, or industrial incidents.

2. Chemical burns: Chemical burns occur when toxic substances come into contact with the skin or eyes. These injuries may result from workplace accidents, spills, or improper handling of hazardous chemicals. Chemical burn claims often involve proving that the responsible party was negligent in their handling of dangerous substances.

3. Electrical burns: Electrical burns are caused by direct contact with an electrical current, which can result in severe injury and internal damage. These burns may be caused by faulty wiring, defective electrical appliances, or improper safety measures in workplaces. Electrical burns can lead to life-threatening injuries, including cardiac arrest or nerve damage.

4. Radiation burns: Radiation burns are caused by exposure to ultraviolet (UV) light, X-rays, or other forms of radiation. These burns are more common in occupational settings such as medical facilities, nuclear power plants, and industrial sites. Radiation burns can cause long-term health issues and may result in cancer or other serious conditions.

5. Friction burns: Friction burns occur when the skin is scraped against a rough surface, such as in a car accident or while participating in sports. These burns are typically less severe than other types but can still result in painful abrasions and scars.

Depending on the type and cause of your burn injury, you may be able to file a claim with a burn injury attorney in Billings, Montana.

What Is the Legal Process for Burn Injury Claims?

The legal process for pursuing a burn injury claim follows general personal injury procedures, but specific nuances apply given the severity of the injuries. The first step in pursuing a burn injury claim is establishing liability.

1. Establishing Liability

Establishing liability requires proving that the defendant’s actions (or lack of action) directly caused the injury. For example, if a person sustains a burn from a defective product, the manufacturer, distributor, or retailer could be held liable under product liability laws.

In cases where negligence is involved, the plaintiff must demonstrate that the defendant owed a duty of care, breached that duty, and that the breach directly led to the plaintiff's burn injury. Once liability is established, the next step is filing a personal injury lawsuit. 

2. Filing the Claim

The plaintiff must file the claim in the appropriate court, typically within a specific statute of limitations period. Personal injury claims for burn injuries must be filed within a set period after the injury occurs, which varies by jurisdiction.

3. Discovery Phase

During the discovery phase, both parties exchange evidence relevant to the case, such as medical records, witness statements, photographs of the injury, and professional opinions. This phase can involve depositions, where both the plaintiff and defendant may be questioned under oath about the incident.

4. Negotiation and Settlement

Many personal injury cases, including burn injury claims, are resolved through settlement negotiations. The parties may agree on a compensation amount to avoid the lengthy and expensive process of going to trial. 

Settlement negotiations take into account the severity of the injury, medical expenses, lost wages, and other damages.

5. Trial and Verdict

If a settlement can't be reached, the case may proceed to trial. The plaintiff will present evidence to prove that the defendant is liable for the burn injury, while the defense will attempt to counter the claims. The judge or jury will then determine whether the defendant is responsible for the injury and the appropriate amount of compensation.

Factors Influencing Burn Injury Compensation

Several factors can impact the compensation a plaintiff receives for a burn injury claim. The severity of the injury, the circumstances surrounding the accident, and the long-term consequences of the burn all play a role in determining the damages awarded.

1. Severity of the burn: The severity of the burn is perhaps the most significant factor in determining compensation. More severe burns, such as third- or fourth-degree burns, typically result in higher compensation amounts due to the extensive medical treatment required and the lasting physical and emotional effects.

2. Medical expenses: Burn injuries often require extensive medical treatment, including emergency care, hospital stays, surgeries, skin grafts, and long-term rehabilitation. Plaintiffs can seek compensation for both current and future medical expenses related to their burn injury.

3. Lost wages and future earning capacity: If the burn injury results in the plaintiff being unable to work, they may be entitled to compensation for lost wages. In cases where the injury affects the plaintiff’s ability to perform their job in the future, compensation for diminished earning capacity may also be sought.

4. Pain and suffering: Burn injuries often result in significant pain, both during the healing process and in the form of long-term discomfort. Plaintiffs can seek damages for pain and suffering, which are intended to compensate for the physical and emotional distress caused by the injury.

5. Emotional distress: In addition to physical pain, burn injuries can lead to emotional and psychological distress, including anxiety, depression, and post-traumatic stress disorder (PTSD). Burn injury cases may include compensation for emotional distress, particularly in severe cases.

6. Disfigurement and scarring: Many burn injuries lead to permanent scarring or disfigurement. In cases involving disfigurement, the plaintiff may seek additional compensation for the long-term social and emotional impacts of their appearance.

7. Punitive damages: In cases where the defendant’s actions were particularly egregious or grossly negligent, punitive damages may be awarded. These damages are designed to punish the defendant and deter others from engaging in similar conduct.

Burn injuries represent one of the most severe and complicated categories of personal injury cases. Whether the injury stems from thermal burns, chemical exposures, electrical accidents, or other causes, you may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and more.