Kids are naturally curious and can often be impulsive. It isn’t surprising that over 300 kids each day visit the emergency department for a burn injury. These types of injuries can happen quickly and may result in serious injuries.
If your child has suffered a burn injury, then you should make sure that they get the appropriate medical treatment (which may include going to the hospital). If their injuries were caused by another person, you might be able to file a lawsuit on their behalf. Our West Virginia burn injury lawyers can help you recover money for your child’s medical bills, future medical treatment, property damage, scarring, pain and suffering, and other losses.
At Johnstone and Gabhart, we represent clients throughout West Virginia who have been hurt in all types of accidents, including car crashes, slips and falls, construction accidents, and burn accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Charleston personal injury attorney, reach out to our law firm today.
How to Handle Pediatric Burn Injuries
Burns can happen quickly, yet can cause serious, life-changing injuries. This is particularly true when it comes to children, who often lack the judgment to not do things like touch a hot stove or get too close to a fire.
There are three types of burns, graded by the severity of the injury:
- First-degree burns, or superficial burns, are the least serious. These burns only affect the outer layer of the skin, the epidermis. A first-degree burn may cause pain, redness, or other changes in skin color.
- Second-degree burns, or partial-thickness burns, affect both the epidermis and the middle layer of the skin, the dermis. These burns may cause swelling, blistering, pain, and red, white, or splotchy skin.
- Third-degree burns, or full-thickness burns, affect all the layers of the skin and sometimes the underlying muscle and fat. The burn areas may be leathery and black, brown, or white in color. Because these incredibly serious burns can destroy nerves, the victim may feel little or no pain.
If your child has suffered any kind of burn, you should quickly assess to see if they need to go to the emergency room for immediate medical treatment. You should call 911 or take your kid to the ER if the burn:
- Has large blisters
- Covers a large area of the skin
- Is on the face, hands, head, feet, genitals, or a joint
- Is white, brown, charred, waxy, and/or leathery in appearance
- Goes completely around a body part
- Causes difficulty breathing
- Was caused by a fire, chemical, or electricity
- Was caused by a traumatic event such as a car accident.
If your child has a more serious burn that falls into one or more of these categories, then you should take immediate action to help them. You can remove clothing and jewelry from the affected areas, but not if the clothing is stuck to the skin. Run cool (not cold) water over the burn for up to 5 minutes, or use a clean towel.
Do not put butter, grease, powder, or anything else on the burn other than a gauze bandage or a clean, soft cloth. You can offer your child ibuprofen or acetaminophen if they are awake. Otherwise, do not break blisters while waiting for emergency services.
Burn treatment will depend on the severity of the burn. Minor burns can be treated at home by taking the above steps. Most first-degree burns will heal on their own after a few weeks.
Major burns require medical attention. Depending on the type and size of burn, treatment may include medications to prevent infection, promote healing, and reduce pain and anxiety, wound dressings to protect the site, fluids to prevent dehydration, and water-based treatments to remove dead tissue. In some cases, more extensive treatment may be needed to provide breathing and feeding support and remove scar tissue. Skin graft surgery may also be necessary to replace this scar tissue.
Your child may experience a lot of pain after a burn injury. This may include a significant amount of emotional distress. Getting burned can be incredibly scary and traumatic, which can affect kids for quite some time.
We know that a pediatric burn injury can also be difficult for parents to experience. Our goal as Charleston burn injury attorneys is to help make the next steps as easy as possible. If your child has been burned in an accident, we can help you get both financial compensation and a measure of justice for them.
Can I File a Lawsuit If My Child Suffered a Burn Injury?
In some cases, burn injuries are caused by nothing more than bad luck or a moment of inattention. In other situations, a burn is caused by something that someone else did or failed to do. Common causes of burn injuries include:
- Car accidents
- Electrical accidents
- Chemical exposure
- House fires
- Battery explosions
If your child was burned in an accident, you might be able to file a lawsuit against the at-fault party (defendant) on their behalf. Common defendants in burn injury lawsuits include other drivers, product manufacturers, homeowners, contractors, and people who act in a careless way.
Most burn injury claims are based on a theory of negligence. This is a legal concept that essentially means that the defendant failed to use the level of care that a reasonable person would use in a similar situation. For example, if a driver merges onto the highway without yielding to traffic, they would be considered negligent if they caused a crash.
Burn injuries may also fall into another category of personal injury law, such as premises liability or product liability. These lawsuits seek to hold property owners accountable for harm caused by unsafe conditions on their property (premises liability) or manufacturers responsible for dangerous or defective products (product liability). There are slightly different legal standards for these types of claims, which your West Virginia burn injury lawyer can explain to you during a free initial consultation.
One of the fastest-growing causes of fires in the United States is lithium-ion batteries. For example, a child may be injured in a fire caused by a battery exploding while it is being charged. Given the number of rechargeable lithium-ion batteries that many children’s toys and electronic devices require, this is a major cause of pediatric burn injuries.
Through a lawsuit, you can recover financial compensation on behalf of your child. This may include money for:
- Medical bills
- Future medical treatment
- Property damage
- Lost wages (both yours and theirs, if they work)
- Reduced earning capacity if their injuries impact their ability to work
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Scarring
- Disfigurement
In cases involving intentional or reckless behavior, you may also be entitled to collect punitive damages for your child. Punitive damages are meant to punish a wrongdoer instead of compensate a victim for their losses. They are only available in cases involving something more than negligence/carelessness.
We know that no amount of money will take away your child’s pain or distress (or your own anger at witnessing your child’s suffering). Yet pursuing legal action can help to ensure that you have the money necessary for your child to fully recover. It can also help you get justice for your child.
Help for Burn Injury Victims in West Virginia
Burn injuries can be incredibly serious, causing both physical and emotional harm. If your child suffered a burn injury, you may be able to file a lawsuit against the at-fault party. Our law offices can work with you to help you get maximum compensation for their injuries.
At Johnstone and Gabhart, we work with burn victims and their families to guide them through the legal process. For each case, our goal is to get the largest recovery as quickly as possible so that our clients can move forward with their lives. To learn more or to schedule a free consultation with a Charleston burn injury lawyer, call our law firm at 304-343-7100 or fill out our online contact form.
Related: When Can You Sue for Negligence After a Burn Injury?
