Understanding Burn Injury Claims in Nevada: From Medical Care to Legal Action
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Burn injuries can be traumatic, causing not only physical pain, but also emotional distress, like post-traumatic stress disorder. It is important to understand both the medical and legal aspects of taking on a burn injury, whether it occurred in workplace accidents, car accidents, or home fires. This can help you understand what safety measurements to take to protect your health and give you a better chance at acquiring a reasonable settlement.
What Are the Most Common Types of Burn Injuries?
Burn injuries can take on several forms and may be caused by different sources, each with its own extent of bodily harm and medical care needs. The most common types that have been noted are: thermal burns, electrical burns, chemical burns, and radiation burns.
Thermal Burns
A thermal burn occurs when external heat sources, such as hot liquids or metals, make contact with the skin. This, in turn, can increase its temperature and lead to tissue cell death or charring.
Electrical Burns
Electrical burns happen when electricity passes through your body. As a result, your tissues may get damaged. Such an outcome may be caused by an alternating current (AC) or a direct current (DC). An AC changes direction whereas a DC travels in one steady path.
Chemical Burns
Chemical burns are injuries to the skin, eyes, or mouth that are caused by harmful substances, like strong acids, bases, and oxidants.
Radiation Burns
Radiation burns are expected to occur if you have been exposed to ultraviolet (UV) rays of the sun for a long period of time. Other forms of radiation that can affect your skin include X-rays and radioactive materials.
What Degrees of Burns Are There?
Burns are classified into degrees according to the severity of skin and tissue damage.
First Degree Burns
A first degree burn causes minimal damage to the skin. It only affects the outer layer, known as the epidermis. At-home care can be administered to treat this form of burn injury, and it usually takes within a week for the affected area to heal. Symptoms of a first degree burn include:
- Pain
- Redness
- Minor swelling
Second Degree Burns
Second degree burns damage the outer layer of the skin and the dermis. If the top part of the dermis is impacted, it would be referred to as superficial partial thickness burns. But, if it penetrates deeper into the dermis, it will be known as deep partial thickness burns. Common signs of a second degree burn are:
- Blisters
- Discomfort
- Intense skin redness
- A wet or shiny look due to fluid leakage
- Potential skin loss
Third Degree Burns
A third degree burn can cause significant harm. It will either damage or completely destroy the thickness of the skin. This type of burn injury may require surgical procedures to help with the recovery process. The following is a list of conditions a third degree burn may cause:
- Loss of skin layers
- Permanent scarring
- Numbness due to nerve damage
- Dry skin texture
- Charred skin that appears white, brown, or black
Fourth Degree Burns
Fourth degree burns are the most severe as it can greatly affect the muscle, bone tissue, and tendons. You may experience numbness on the burn site due to nerve damage, and will need to seek immediate medical attention.
Burn Injuries Caused by Defective Products
Burn injuries caused by defective products can put consumers at risk of dangerous fires or significant heat exposure. Typically, product liability claims will involve: defective product manufacturing, defective product design, or inadequate warning labels.
Defective Product Manufacturing
Manufacturing companies are required to produce functional products. Failing to check for any issues prior to releasing faulty items to the public can increase the chances of a burn injury. Some examples include the following:
- Using electrical appliances with faulty wiring may overheat and cause burns
- Chemical products with leakage can burn the skin
Defective Product Design
A defective product design can expose a consumer to unsafe conditions that may result in a burn injury. For instance, an individual purchased a hair dryer that does not have proper heat insulation or cooling features. This defective design later causes them to experience excessive heat, and triggers burn damage to their hands, face, and scalp.
No Warning Signs or Adequate Directions
Improper product guidance may provoke the user to unintentionally misuse the item they purchased. Since they are unaware of its potential hazards or dangers, they could be exposed to harmful substances or unsafe practices that can ultimately lead to a burn injury.
Who Has the Highest Risk of Sustaining a Burn Injury?
According to the World Health Organization (WHO), women have a higher rate of burn fatalities compared to men. This is primarily due to open fire cooking and using hazardous cookstoves. Other than women, children are also vulnerable to burns. It is the fifth most common cause of non-fatal childhood injuries. The major contributing factor that has often led to such bodily harm is lack of adult supervision.
Burn Injury Treatment
Burn injury treatment will differ for each victim based on what degree of burn they have been diagnosed with.
First Degree Burn
First degree burns can be treated at home. Some common remedies that are used during the recovery process include:
- A cold compress
- Skin care products, like aloe vera
- Over-the-counter painkillers
Second Degree Burn
With a second degree burn, you will need to implement additional steps to clean and maintain the wounded area since the duration of recovery will take 1 to 3 weeks. Burn victims are often told to do the following:
- Apply cold compress to reduce physical pain
- Place antibacterial ointment to lessen the chances of an infection
- Regularly change your bandage and gauze on a daily basis
- Take painkillers to prevent your discomfort from worsening
- Keep the burned body part raised to minimize pain and swelling
You could also be asked to get a tetanus shot if you are not up-to-date with your vaccine.
Third Degree Burn
A third degree burn is severe, and will require emergency medical treatment. You may undergo multiple surgical procedures to remove any dead skin or damaged tissues and have it replaced with healthy ones. You could also be given intravenous (IV) fluids to maintain hydration since serious burn injuries can lead to substantial fluid loss. Antibiotics may also be administered through IV, or orally.
Fourth Degree Burn
A fourth degree burn can be life-threatening. Similar to third degree burns, you will need to seek immediate medical care. Treatment options that may be available for this type of condition include:
- Removal of dead skin and damaged tissues
- Skin grafts
- Physical therapy
- Antibiotics
- Painkillers
How to Prevent Burn Injuries
Understanding how to prevent burn injuries is important for ensuring a safe environment no matter where you are, like your home or the workplace. Considering the following measures can help reduce the likelihood of burn injuries.
- Apply sunscreen before heading out
- Test the water in a shower or bath before stepping in
- Keep chemicals, lighters, and matches in an unreachable spot to prevent children from accessing it
- Do not leave the stove unattended
- Supervise your child, especially if they are close to hot objects or liquids
- Install smoke detectors around the household
Who Can Be Held Liable in a Burn Injury Claim?
Liability for a burn injury claim will vary depending on what factors are involved. It is encouraged to acquire as much evidence as you can. Once you have gathered the information needed, you can present it to one of our Las Vegas burn injury attorneys for evaluation.
At West Coast Trial Lawyers, we will take a look at the documentation provided and identify what person or entity should hold accountability for your burn injury. From there, we will aggressively pursue legal action against the at fault party and get you maximum compensation.
Possible guilty defendants in a burn injury lawsuit may include:
- Manufacturers
- Drivers
- Government entities
- Property owners
How to Prove Liability in a Burn Injury Lawsuit
To prove liability in a burn injury lawsuit, you will need to explain how the defendant’s negligence caused you to sustain bodily damage. For instance, if it was caused by a defective product, you will need to show how:
- The defendant designed, manufactured, distributed, or sold the item
- The item was defective when it was no longer in the defendant’s possession
- You used the item as intended
- The defect was the primary cause of your burn injury
If the incident took place in a motor vehicle accident or on someone else’s premises, you will have to prove that the driver or property owner owed you a duty of care and went against it. The following four elements should be incorporated into your burn injury case:
- The defendant was obligated to exercise care toward you
- The defendant failed to uphold their duty of care
- You sustained a burn injury and other losses as a result of the breach
Be sure to include evidence, like medical records, witness statements, and police reports to help strengthen your personal injury lawsuit.
What Is the Statute of Limitations for Burn Injury Claims in Nevada?
The statute of limitations for burn injury claims in Nevada is two years from the date of when the incident occurred. Although it may seem like enough time to fulfill your legal obligations, you should still act quickly to ensure you have the right evidence and burn injury lawyer on your side.
Delaying this process can set you back from submitting your claim on time, thus causing you to lose your opportunity to recover compensation for the losses you incurred.
Contact Our Las Vegas Burn Injury Lawyers Today
If you suffered burn injuries due to someone else’s negligence, you may be entitled to sue them. At West Coast Trial Lawyers, our skilled Las Vegas burn injury lawyers are readily available to assist. We will guide you through the legal process to ensure you are granted a fair settlement.
To schedule a free consultation, you can reach out to us by calling (213) 927-3700 or completing our quick online contact form.