Reach out if you’ve suffered ANY burn injuries from someone’s neglect.
Burn injuries have some of the most severe consequences. A burn is an excruciating and long-lasting pain. The most severe form of physical and emotional trauma. Treatment for burn injuries can be expensive. They can easy reach and exceed hundreds of thousands of dollars.
It’s a very long recovery that includes skin grafts and other reconstructive procedures. A long physical and mental recovery, accompanied with the potential of life-long scaring.
Do you suspect your burns could have been prevented?
To get compensation, injured parties must show that they have sustained damages. These damages can be either compensatory damages (economic or non-economic) or punitive damages.
Economic damages are measurable and include medical expenses and lost wages. Non-economic damages include physical and mental pain and suffering. Punitive damages intended to punish for conduct that goes beyond simple negligence. For example – a complete disregard of one’s health and safety may be grounds for punitive damages. This decision requires a jury.
Many burn injuries happen to individuals while on the job. The employer was negligent in failing to meet the duty of care to employees. Failure to provide a safe work environment free from ill-maintained equipment and machinery. Or a co-worker’s failure to follow safety procedures was the direct cause of another’s burn injuries.
Burn injuries sustained in a workplace may entitle the worker to workers’ compensation benefits. Workers’ compensation benefits are different as compared to a lawsuit claiming negligence. Illinois law protects employees who have suffered injuries on the job.
Burn injuries are also sustained in auto accidents. A person at fault for causing a car accident may be held responsible for any burns, or personal injuries. Expect these types of personal injury lawsuits to involve aggressive insurance companies. They will seek to limit the amount of compensation you could receive.
These types of lawsuits are also known as Product Liability Lawsuits. Burn injuries caused by neglected or defective equipment or machines.
Product manufacturers can be liable if their products’ defects link back to burn injuries. Product liability claims include: (1) failure to warn of known defects(2) design defects(3) manufacturing defects.If a company doesn’t disclose a known danger that can lead to a burn injury, that company might be liable for damages.
Burn injuries differ based on the cause of the injury and are categorized by type and degree.
The severity of burn injuries is measured in degrees. The greater the degree, the more severe the burn injury.
Most people know what a first-degree burn feels like, and when a first-degree burn injury can be painful, one can only imagine how painful and debilitating second, third, and fourth-degree burns can be.
Burn injuries can be the result of one’s conduct, such as being out in the sun too long or touching a hot surface), but some burn injuries are caused by negligent behavior as well as defective products. Examples of the various types of accidents and incidents that can lead to burn injuries include, but may not be limited to, the following:
While accidents can happen, most accidents are the direct result of negligent behavior. Most burn injury claims involve allegations that another person or party is at fault for causing the injuries. In some cases, the injured person may have contributed to the cause of the burn injuries. Because fault and negligence can be assessed across multiple parties, it is best to work alongside an Illinois Burn Injury Lawyer when considering legal action.
The statute of limitations for lawsuits involving burn injuries will vary based on the type of lawsuit at issue. Under Illinois law, most statutes of limitations involving injuries are consistent, providing an injured person two years to file a lawsuit.
Per 735 ILCS 5/13-202, a burn injury victim has two years from the date the cause of action accrues to file a personal injury lawsuit. The accrual date, in most cases, is the date the injuries are suffered. Under 735 ILCS 5/13-213, a burn injury victim has two years from the date he or she became aware that his or her burn injuries were caused by a defective product to file a product liability lawsuit. The date at issue — in most cases — is the date burn injuries are sustained.
However, with product liability lawsuits, the date one becomes aware that his or her burn injuries are linked to a defective product may come days, weeks, or even months after the injuries are sustained. In such cases, the statute of limitations begins to run at that later “discovery” date.
When a burn injury victim’s injuries are fatal, a surviving spouse, adult child, or another legal representative may choose to file a wrongful death lawsuit. According to 740 ILCS 180/1, the legal representative must file the wrongful death lawsuit no more than two years after the date of the injury victim’s death, regardless of whether the lawsuit involves negligent conduct or allegedly defective products.
Under Illinois workers’ compensation law, 820 ILCS 305/1, a worker who sustains burn injuries on the job has three years from the date the injuries are sustained to file a workers’ compensation claim seeking benefits for lost wages and medical expenses. It is important to understand that filing a workers’ compensation claim under Illinois law does not preclude an injured party from seeking compensation by filing a lawsuit when valid grounds exist to do so.
No Fees Unless We Win
Lawyers earn attorneys’ fees either on a fee-for-service basis or a contingency-fee-basis. With personal injury matters, injury victims do not foot the bill of a lawsuit. Rather, if an injury victim’s case is successful, the lawyer or firm will recover attorneys’ fees and reimbursement of case costs by deducting the fees and costs from the injury victim’s award of compensation. In doing so, injury victims do not have to worry about legal fees if they do not win their case through a settlement or plaintiff’s verdict at trial.
All burn injury victims in Illinois should consider how an Illinois Burn Injury Lawyer can significantly help increase the chances of obtaining compensation.
At the Rockford Personal Injury Lawyers: Marriett & Murati, our office is uniquely situated to handle burn injury cases. We keep a trim caseload and have the time and resources to adequately investigate, and prepare a burn case to seek maximum compensation for a victim, and/or a victim’s family. From doing onsite investigations, talking to witnesses, and building a case for trial from the very beginning we have a system in place to help maximize the recovery for our clients. For a FREE, honest, no hassle consultation about you, or your loved one’s burn injury case feel free to call, text, or email us 24/7/365 at 815-315-4967.