Burn injuries can be devastating for the victims and result in lifelong scars and injury. It can be even more painful for the victims and their families when a burn injury was caused by another person's negligence. Under Colorado personal injury law, the burn victim can seek compensation from the party responsible for causing the injury.
If you or a loved one suffered a burn injury, experienced Colorado burn accident lawyers can help make sure your rights are protected. The attorneys at accidentdenver.com will investigate your case, handle the insurance company, and work to get you the maximum compensation after a premises injury accident. Contact us today for a free consultation.
Common Burn Injury Accidents
Burn injuries are a threat in our daily lives, especially when property owners and corporations are not taking the proper safety measures to protect the public. Some common causes of burn injury accidents include:
- Automobile accidents,
- Construction site accidents,
- Restaurant accidents,
- Childcare scalding accidents,
- Kitchen accidents,
- Product defect fires and explosions,
- Inhalation burns,
- Chemical burns, and
- Fireworks accidents.
Premises Liability and Burn Injuries in Colorado
Many burn injuries involve premises liability claims. Under Colorado Revised Statute (C.R.S.) § 13-21-115, property owners may be legally responsible for burn injury accidents caused by dangerous conditions on their property. This may involve unprotected electrical sources, fires, chemical spills, or scalding liquid knocked over onto an innocent victim.
When a customer in a restaurant or store suffers a burn injury, the property owner may be liable for any unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.
Restaurant Burn Injuries
Restaurant burn injuries are relatively common when a server spills a scalding liquid on a person or does not warn a customer about hot surfaces. Some burn injury victims do not think of filing a personal injury lawsuit after an employee negligently causes a burn injury.
However, under vicarious liability law, the employer may be liable for the negligence of an employee. This generally allows the injury victim to be able to seek more compensation to pay for medical bills and treatment after a burn injury from the business owner and the insurance company.
Product Defect Burns
Another common source of burn injuries involves product defects. A defective product can cause the consumer to suffer burn injuries from chemical burns, electrical shock, or a defective battery bursting into flames. Explosions and burn injuries often involve electronic devices with defectively designed or manufactured rechargeable batteries.
When a defective product causes an injury, the consumer may not know who was directly responsible for the damages. However, under product defect laws in Colorado, the injury victim does not need to prove who was responsible. The injury victim can seek compensation from the seller, distributor, or manufacturer for:
- Manufacturing defects,
- Design defects, or
- Warning defects
Damages Covered in Burn Injury Lawsuit
By filing a personal injury lawsuit, the injury victim can seek compensation for damages caused by the accident. This includes economic and non-economic damages, which may include:
- Medical bills,
- Future medical treatment,
- Skin grafting,
- Lost wages,
- Loss of a limb,
- Pain and suffering,
- Loss of earning capacity, and
- Loss of consortium.
It is important to consider the full extent of any burn injuries and damages before accepting a settlement offer from the insurance company. Burn injuries can be serious and it may take years to recover. Accepting a smaller settlement offer may mean you will have to pay out-of-pocket for medical treatment for years to come.
Talk to your Denver accident injury lawyer before accepting a settlement offer. Your lawyer will be able to advise you of your rights, help you calculate the full extent of your damages, and negotiate to make sure you get the maximum compensation.
Time Limit to File a Burn Injury Claim
Most Colorado personal injury claims have a statute of limitations of two years. This means you only have two years from the date of the accident or injury to file a claim. If your claim is filed even one day late, your case may be denied. However, the time limit may be longer or shorter, depending on the parties involved.
If a burn injury involved a car accident, the statute of limitations may be three years from the accident. If the injury victim was a minor, the statute of limitations generally does not begin to run until the time the victim turns 18. Alternatively, some claims against the government may have a shorter time limit to file a claim. You should contact your lawyer as soon as possible after a burn injury to make sure your claim is filed in time.
Fatal Burn Injuries in Denver
A wrongful death claim is a cause of action that allows certain family members to file a lawsuit against negligent parties for causing the death of another. Wrongful death lawsuits seek damages related to the losses to the family, including financial costs and non-economic damages like loss of support.
Under Colorado Revised Statute § 13-21-202: “When the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable, if death had not ensued, shall be liable in an action for damages notwithstanding the death of the party injured.”
Family members of someone who died in a burn injury accident may be able to file a wrongful death claim against those responsible for the accident. In most cases, a wrongful death claim for a burn injury has to be filed within two years of death.
Denver Burn Injury Lawyers
The attorneys at accidentdenver.com have successfully represented their clients and families in Colorado who were injured in a burn injury accident. Our attorneys understand how the property insurance companies operate and will fight to get the maximum compensation available for your injuries. Contact us today for a free consultation.