- Personal Injury
- Vehicle Accidents
- Other Practice Areas
- Client Victories
- Why Refer?
- Our Firm
- Contact Us
When most people think of trauma injuries, they don’t think of serious burns. Almost any outside source — like cold, heat, friction, radiation, chemical, or electric sources — can cause such an injury. Fire and hot liquids cause most burns. These injuries have varying physiological and pathophysiological effects. In simple terms, this phrase means that burns don’t affect everyone the same way. Broken bones are broken bones; they usually require the same basic treatment. But burn injury treatment is much more unpredictable.
Burn injury diagnosis is almost as difficult as burn injury treatment. For example, electrical burns do most of their damage below the top layer of skin. So, the injury might not appear serious, even to someone like an emergency medical technician. Additionally, these victims often don’t feel much pain or discomfort. Therefore, they usually tell doctors they “feel fine.”
This issue underscores the need for burn victims to immediately see doctors. Seeing a company doctor or a well-meaning general practice doctor usually isn’t enough. Company doctors are under pressure to quickly patch victims up and send them right back to work, regardless of their injuries. General practice doctors often rely on visual inspections to diagnose burn injuries. That method may be inadequate.
Only a specialized doctor can evaluate your medical condition, and only an experienced burn injury lawyer in Daphne from Caldwell, Wenzel & Asthana can evaluate your legal options. Just like the cause of the burn often dictates medical treatment, the cause of the burn often determines these options. Insurance doesn’t automatically take care of burns related to car accidents, and workers’ compensation doesn’t automatically take care of job-related burns. Victims cannot depend on these sources, but they can depend on a burn injury lawyer.
Turn to a burn injury lawyer in Daphne, AL, from Caldwell, Wenzel & Asthana to discuss your burn injury case. Call us today at (251) 444-7000.
Surface first-degree burns, and most second-degree burns, generally heal with at-home treatments like over-the-counter ointment application. Third-degree burns, on the other hand, can be life-threatening and require specialized medical care. Physically, these injuries look alike and feel alike.
It’s usually better to be safe than sorry. If you sustained a burn at a restaurant or other public place, in an accident, or at work, an attorney should always evaluate your case. But just like no two burns are alike, no two Daphne burn injury lawyers are alike. Only an attorney with the right combination of the following skills can obtain maximum compensation for your serious injuries:
Choose a lawyer carefully but choose quickly. Burn injury victims have a limited amount of time to act in Alabama.
We’re confident that a diligent search will lead you straight to us. The members of our legal team check all the above boxes. Furthermore, we have obtained life-changing results for families just like yours. We believe that our proven methods will produce the same life-changing results for your family.
We put first things first at Caldwell, Wenzel & Asthana. We have professional relationships with top-notch burn injury doctors who know how to diagnose and treat these injuries. Usually, these doctors charge nothing upfront for their services, even if the victim requires costly treatment at a large regional burn center.
We have the same kinds of relationships with mechanics, body shops, and other injury-related providers. These relationships help ensure that victims get the treatment and services they need, not the treatment and services an insurance adjuster is willing to pay for.
Next, our diligent team collects evidence that connects a responsible person or entity to your injuries. This evidence usually includes medical bills, witness statements, the police accident report, and expert witness evaluations from someone like an accident reconstruction engineer.
Once we build this solid foundation, we work to resolve your claim as quickly as possible so you can move on with life as soon as possible. That said, we don’t favorably recommend any settlement offer that isn’t in your best interests.
Throughout this entire process, which often takes at least several months, we proactively communicate with you so you are never in the dark.
The available alternatives in your case usually depend on the cause of the burn injury. When you come in for a no-obligation consultation, one of our Daphne brain injury lawyers plans the work for your case. Then, it’s up to us to put that plan into motion.
The risk of fire is a common hazard that many companies ignore. Large machines that generate lots of heat often cause fires. Small household devices — like electric heaters, toasters, alarm clocks, electric blankets, refrigerators, ovens, and hair dryers — have almost equal risk.
Generally, manufacturers are strictly liable for the injuries their defective products cause. In addition to compensatory damages for economic and non-economic losses, these companies are often liable for substantial punitive damages. Frequently, companies ignore known risks simply so they can sell as many gadgets as possible. Punitive damages deter companies from taking such reckless chances.
These federal court claims are very complex. Only a very experienced Daphne burn injury lawyer should handle them.
We previously mentioned burns at restaurants and other public places. Restaurant owners and other property owners usually have a duty of reasonable care in Alabama. This high duty of care, which includes a responsibility to immediately address injury hazards, applies if the victim was an invitee. These individuals have direct or general permission to be on the property. They also benefit the owner, economically or non-economically.
To obtain compensation, a Daphne burn injury lawyer must also prove, by a preponderance of the evidence (more likely than not) that the owner knew, or should have known, about the injury-causing hazard.
Only a small percentage of vehicle collisions involve fires. However, these injuries are usually severe, mostly because the fires are so hot. Truck wrecks are a good example. Diesel fuel and ordinary gasoline burn at different temperatures, and many large trucks carry diesel fuel in external tanks.
Most drivers have a duty of reasonable care to avoid accidents whenever possible. Truck drivers and other commercial operators have an even higher duty of care. They must go the extra mile to avoid accidents. They usually breach this duty when they drive aggressively or drive while impaired. Commercial and noncommercial drivers could be liable for damages as a matter of law if they violate safety laws and those violations cause crashes.
Under Alabama law, workers’ compensation usually applies in cases of work-related injuries. This no-fault insurance system compensates victims for their lost wages. It also pays reasonably necessary medical bills. However, there are some exceptions. Intentional torts, offshore workers, and defective products are probably the three biggest exceptions.
In this context, “intentional” doesn’t mean “malicious.” Instead, it means “deliberate.” For example, if an employer knowingly sends a worker near caustic chemicals or another hazard and doesn’t provide the proper protection, the employer could be liable for an intentional tort.
Providing equipment means more than furnishing equipment. Employers also have a responsibility to train employees in its use and explain to them why the equipment is important.
State-administered workers’ compensation programs usually don’t apply to offshore energy production and other workers. Federal laws, like the Jones Act, generally protect these workers. On a related note, workers’ compensation doesn’t apply to railroad workers. The Federal Employees Liability Act usually applies in these situations.
We mentioned defective products above. If a dangerous product causes a job-related injury, the manufacturer is still strictly liable for damages.
Our Daphne burn injury lawyers are always available to answer your questions. Here are some common questions and answers.
What are the four types of burn injuries?
First-degree burns are surface burns. They’re painful to touch and normally look like severe sunburns. Second-degree burns are subsurface burns. They often, but don’t always, include surface blisters. Third-degree burns extend almost to the fat layer beneath the skin layers. Fourth-degree burns affect muscles and bones.
First- and second-degree burns often aren’t too serious. Third- and fourth-degree burns often require extensive, expensive treatment at a regional burn center. This treatment usually includes skin grafts.
How much money do I get for a burn injury?
The amount of a settlement usually depends on the facts of the case and the legal theory your Daphne burn injury lawyer uses to obtain compensation.
Medical bills are usually the largest component of a burn injury settlement. An attorney uses medical bills and other economic losses, such as lost wages, to determine a fair amount of compensation for emotional distress and other non-economic losses.
More or less compensation is available in certain kinds of cases. Workers’ compensation claimants usually only receive money for economic losses. Defective product victims often receive additional punitive damages. Your lawyer can review the pros and cons of each applicable legal theory in your case.
Why is my lawyer taking so long to settle my case?
Insurance companies routinely drag out settlement negotiations as long as possible. Initially, they make low-ball offers that are patently unreasonable. Later, they use legal loopholes, like contributory negligence, to delay the proceedings even more.
Additionally, meaningful settlement negotiations cannot begin until medical treatment is at least substantially complete. If a final settlement doesn’t account for likely future healthcare costs, the victim could be financially responsible for these charges.
If you have additional questions, contact our attorneys at Caldwell, Wenzel & Asthana by calling 251-444-7000.
Injury victims are entitled to substantial compensation — if they act quickly. For a free consultation with an experienced burn injury lawyer in Daphne, contact Caldwell, Wenzel & Asthana by going online or calling 251-444-7000. We do not charge upfront legal fees in these matters.