Birmingham Burn Injury Lawyer

Are "Scalds" or Scalding Injuries Different Than Burns?

Scalding injuries are often confused with burn injuries because the pain and scarring are much the same. Scalds, however, are caused by liquid or steam, such as placing your hand over a boiling kettle, while burns are caused by dry heat, such as accidentally touching a hot burner on the stove. When it comes to legal cases, knowing the difference between scalds and burns can influence the strategy we employ to ensure appropriate compensation.

Regardless of what caused the burn or scald, they are usually handled the same way in court, and injured parties are often able to receive compensation for these injuries. However, the amount of compensation awarded will depend on several things, including the extent of the injury and the circumstances surrounding the incident. Our team meticulously evaluates each case individually to craft a strategy that aligns with the unique circumstances of the injury.

What Factors into Compensation for a Burn or Scalding Injury?

Although burning or scalding is legally considered personal injury, these types of injuries can often warrant larger compensations because of the scarring and severe pain involved. It’s also important to consider potential long-term effects and emotional distress. Our attorneys work closely with clients to assess all viable avenues for compensation, ensuring that all facets of the injury and its impact are thoroughly examined. Just like other personal injuries, there is no "one type" of burn or scalding injury. 

Because of this, finding fault and awarding compensation depends on:

• The intent of the defendant (Was it an accident, or done on purpose?),
• The extent of the injury, and
• How much the defendant is able to pay.

Who Is at Fault in a Burn or Scalding Injury Lawsuit?

The first thing a burn injury attorney in Birmingham would do is look closely at the case to try and determine who, if anyone, was at fault for the injury. Sometimes it will be obvious, such as when a waiter at a restaurant accidentally dumps very hot tea all over you. Other times, it will be less obvious, such as when you are working in a restaurant and the hot oil from a deep fryer splashes onto your arm. Determining fault is a nuanced process that involves careful consideration of the circumstances, and gathering detailed evidence to support your claim.

If there is clearly another party at fault for the burn or scalding injury (such as in the instance of the waiter), this is called gross negligence in the eyes of the law and that person will be held responsible for paying the burn or scald victim punitive damages. For cases with more complex liability issues, we employ investigative techniques to establish the defendant’s responsibility, working to secure the highest possible compensation for our clients.

Things become a bit more complicated when it's not clear who's really at fault, as in the example of the deep fryer. If the accident does happen at work and it's due to negligence on the owner's part, the owner will be held liable. However, if the accident was not due to faulty equipment or any negligence on the owner's part, compensation will be paid only through workers' compensation with no negotiation or settlement. This type of compensation is typically less than one would receive in court. Our legal team understands the intricacies of these cases and strives to maximize client compensation through our adept negotiation skills and thorough understanding of Alabama law.

What Damages Are Available to Burn and Scalding Victims?

Punitive damages, or damages awarded to punish a defendant for willful or malicious misconduct, will be awarded depending on how much the liable defendant can pay. So, if the liable person/company is well-off financially, they'll have to pay more, while defendants that are struggling financially may be allowed to pay less. Additionally, it is crucial to assess any long-term physical and psychological impacts when calculating damages, which can significantly influence the compensation amount.

In addition to punitive damages, compensation may also be awarded for any physical or emotional pain and suffering the injured party endured. Burns can be extremely painful, and often for long periods of time. They can also cause severe disfigurement, which might cause the injured party emotional distress for years to come. A judge will take this into consideration when determining how much total compensation a plaintiff will receive. In any case, the attorneys on both sides will first try to negotiate a settlement based on what they believe the injured party (plaintiff) would receive as compensation if the case goes to trial. Achieving a favorable settlement requires a deep understanding of both legal precedents and the specific details of a client’s situation, ensuring the most beneficial outcome possible.

We offer a free case consultation to assist you. You can reach us at toll-free (205) 581-9777.