Louisiana
Burn Injury Attorney
Burn Injury Lawyers in Louisiana, Fighting for Complete Recovery
Burn injuries are among the worst, most catastrophic injuries a person can endure. Consequently, they're among the most costly injuries to treat, according to studies from the last decade. Severe burns require around-the-clock care from specialists who aren't employed at every hospital. As a result, burn victims often must be transferred to special units where doctors, nurses, and other staff can effectively treat their injuries. These specialized units, known as burn centers, provide comprehensive care, from medical treatment to rehabilitation and psychological support. They play a crucial role in not only addressing the immediate physical damage burn victims endure but also in assisting patients in the long recovery process.
Though burn injuries have many causes, our Louisiana burn injury attorneys know they have a single factor in common: negligence. Whether an employer ignored safety rules or a driver caused a car accident that led to a devastating fire, burn injuries are virtually always preventable. That’s why Clayton, Frugé & Ward is determined to hold responsible parties accountable on behalf of burn survivors and their families. Our commitment to accountability extends beyond legal representation; we advocate for enhanced safety protocols and preventative measures aimed at reducing serious accidents and life-changing injuries.
If you or someone you love suffered a severe burn injury, call our Louisiana burn injury law firm at (225) 209-9943 or contact us online for a free consultation.
Understanding the Different Types of Burn Injuries
Burns are medically classified into three different degrees of severity. By categorizing burn injuries, it becomes easier to understand the severity of burns that an individual has experienced.
A burn's “degree” is not a matter of heat or location on the body, but of depth. The deeper a burn goes, the more life-altering and long-term the healing process will be. Understanding the classification helps in tailoring the most effective treatment approach to optimize recovery.
Burns are classified according to the following categories:
- First-Degree Burns: The least serious variety of burn, first-degree burns affect only the outermost layer of skin (the epidermis). While they do not require serious medical treatment, first-degree burns can still be painful and may lead to redness and some light scarring. These burns are often caused by quick contact with a hot surface, substance, or material.
- Second-Degree Burns: Classified as more serious than first-degree burns but less serious than third-degree burns, second-degree burns are also known as “partial thickness burns,” as they extend past the first layer of skin. Depending on several factors, such as where the burn is located and how large of an area it covers, second-degree burns typically require medical attention. Larger second-degree burns or those affecting particularly sensitive areas, such as the face, may lead to hospitalization, surgery, and ongoing rehabilitation.
- Third-Degree Burns: Also called “full-thickness burns,” third-degree burns are life-threatening injuries. These burns affect both the upper and lower layers of skin, as well as surrounding tissue. In the worst cases, third-degree burns may extend all the way to the bone. Because these burns can significantly impact underlying tissues and bones, comprehensive and often long-term treatment plans, including potential surgeries and skin grafts, are necessary.
Burns aren't measured only by depth, though. How much of a survivor's body is covered in burns will also determine the extent of treatment required to recover. For instance, a fairly localized second-degree burn may not be as difficult to treat as a first-degree burn that covers 60-70% of a patient’s body. The surface area affected by the burn can dictate the severity of the condition and the overall treatment strategy.
Understanding the type and severity of your burn injury is important when it comes to getting the appropriate and necessary medical treatment. If you or someone you love has suffered a serious burn, seek immediate medical attention. Only a medical professional can provide an accurate assessment of the injury and recommend treatment. Though the cost of medical care can be a concern, know that it may be possible to recover compensation for all your medical expenses, including initial treatment, hospitalization, surgeries, and future rehabilitation. If someone else was at fault, you may have grounds for a personal injury lawsuit, allowing you to seek financial recovery for your medical bills and other financial and non-financial losses.
Common Causes of Burn Injuries in Louisiana
Burn injuries can occur any time someone comes into contact with a heated surface, liquid, or other hot materials. House fires are common causes of burn injuries, as are workplace accidents involving abrasive chemicals, live electrical sources, and hot substances or equipment.
At Clayton, Frugé & Ward, our Louisiana burn injury attorneys frequently handle cases stemming from the following common causes:
- Workplace accidents, leading to chemical burns, thermal burns, or electrical burns
- Residential fires caused by cooking accidents, faulty wiring, heaters, or open flames
- Car accidents, including fuel tank ruptures, airbag deployment, or hot surfaces/fluids
- Defective products, such as faulty electronics, flammable materials, or industrial equipment
- Recreational activities involving campfires, grills, fireworks, or other heat sources
Apart from these common scenarios, environmental factors can also play a significant role in the risk of burn injuries, particularly in industrial settings where safety protocols may not always be followed. It's vital for workplaces to adhere strictly to safety guidelines to prevent such devastating incidents. In many cases, inadequate training or failure to provide necessary safety equipment leads to severe injuries that could have been avoided. At Clayton, Frugé & Ward, we advocate for stricter enforcement of safety measures and regular safety audits across workplaces to reduce burns and other injuries.
Regardless of the cause, our Louisiana burn injury attorneys understand the devastating impact serious burns can have on your life. Whether your injury occurred at work, at home, on the road, or during a recreational activity, our experienced team is here to help you seek justice and secure the compensation you deserve.
Louisiana Burn Injury Laws & Processes
Filing a burn injury claim in Louisiana can be difficult, especially when you're focused on your physical recovery. However, by working with an experienced injury lawyer, you put yourself in the best possible position for securing a fair recovery. Our attorneys are familiar with state laws and local regulations affecting these types of claims. We are here to explain your rights and options in clear, easy-to-understand language, providing you with the information you need to make empowered decisions about your case and your future. Below, we cover several key elements of filing a burn injury lawsuit in Louisiana.
Comparative Negligence in Louisiana
Louisiana follows a comparative negligence rule, which can reduce a settlement based on the injured party's percentage of fault. Under comparative negligence, you can still file a claim if you were partly at fault for the incident that led to your injury, but you won't be able to recover the full amount you are seeking in damages. For example, if you are assigned 30% of the blame, and you are seeking $10,000 in damages, you can only recover 70% of that amount, or $7,000.
Because Louisiana is a pure comparative negligence, you can still seek damages regardless of your assigned percentage of fault. Even if you were mostly at fault, you could still be entitled to compensation, though you will not receive as much as you would if you were less at fault or not at fault whatsoever.
Unfortunately, insurance companies and defendants often use the comparative negligence rule to unfairly reduce settlements. The insurance adjuster may argue that you were more to blame than you were; you may even be accused of being partly at fault when, in reality, you were not at fault in any way. In such situations, it's absolutely crucial to have an experienced attorney working at your side. Our burn injury lawyers in Louisiana can aggressively argue against unfair assessments of fault by insurance adjusters and other parties. We use our in-depth understanding of the law to fight tirelessly for our clients and the true, full compensation they deserve.
Pursuing Compensation for Burn Injuries in Louisiana
For burn victims, securing just compensation from at-fault parties is critical to help with the resulting medical bills and other financial challenges. Financial recovery plays a vital role in accessing ongoing medical care, rehabilitation, and the psychological support necessary for a holistic recovery.
Our Louisiana burn injury attorneys are committed to helping you fight for the maximum compensation you deserve. Understanding the types of compensation available can help you grasp the full scope of what you may be entitled to recover.
Types of Compensation Available for Burn Injuries
Severe burn injuries lead to many physical, emotional, and financial challenges. The purpose of a burn injury lawsuit is to recover compensation for all economic and non-economic damages related to your injury.
These damages often include:
- Medical Expenses: This includes immediate medical care, such as emergency room visits, surgeries, and initial hospital stays required to stabilize and treat burn injuries. Burn victims often need long-term care, as well, including follow-up surgeries, skin grafts, and specialized treatments that can extend over months or years.
- Rehabilitation: Physical rehabilitation, as well as physical therapy, occupational therapy, and psychological counseling, are often necessary to aid in recovery and victims' adaptation to life post-injury.
- Medications: Medical expense compensation may also cover medication and medical supply costs, such as pain management medications, antibiotics, and necessary medical supplies, like bandages and dressings.
- Lost Wages/Income: Lost wages and income are another critical aspect of compensation. This includes past lost wages for the income you lost while you were unable to work as you recovered from your burn injuries, as well as future lost earnings if your injuries prevent you from returning to your previous job or any form of employment. Establishing the full extent of lost potential earnings involves detailed financial assessments and may include witness testimonies from vocational experts and other parties.
- Pain and Suffering: Compensation for pain and suffering addresses the significant and prolonged physical pain caused by burn injuries, as well as the emotional distress resulting from the trauma of experiencing and living with burn injuries. This distress can manifest as anxiety, depression, and post-traumatic stress disorder (PTSD). Calculating non-economic damages like pain and suffering often involves complex evaluations based on various factors, such as the severity of the injury, the cost of medical care, the victim's level of disability (if any), and more.
- Disfigurement and Scarring: Disfigurement and scarring are common consequences of burn injuries that can have profound effects on a victim's appearance and self-esteem. Additionally, burn injuries can severely impact one's ability to enjoy life’s activities and hobbies that they once participated in, and compensation can be sought for this loss of enjoyment and diminished quality of life. The psychological impact of disfigurement is profound and can necessitate long-term therapeutic interventions, underscoring the importance of comprehensive compensation.
- Home and Vehicle Modifications: When burn injuries result in mobility challenges, victims are often required to make modifications to their homes and/or vehicles. You may need to add ramps, wider doorways, and accessible bathrooms to your home and adapt your vehicle to accommodate your new needs, such as installing hand controls or lifts. Planning these modifications requires careful consideration of current and future mobility needs, often involving consultations with medical and architectural experts to create safe and ergonomic environments.
In cases where the defendant’s conduct was particularly egregious or reckless, you might also be entitled to punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages also serve a deterrent function, sending a strong message about the consequences of neglecting safety standards and responsibilities.
Furthermore, economic experts can assess the lifelong financial impact of your injuries, especially if these lead to permanent disability. This analysis includes potential decreases in lifetime earnings and increased costs of living due to continuous medical care and adjustments needed in daily life. Accurately forecasting these financial impacts is essential for ensuring victims receive adequate compensation to sustain them through the substantial life adjustments required following serious burn injuries.
Begin Your Recovery with Our Louisiana Burn Injury Attorneys
At , we understand the difficulties burn survivors face. Months of recovery, chronic physical pain, and rising medical debt make a burn injury one of the most difficult challenges any individual can experience. Even when the wounds have healed, burn victims often have emotional or financial losses they’ll struggle with for the rest of their lives. We know that recovery extends beyond physical healing; it's about reclaiming a sense of normalcy and future possibilities.
Our firm advocates for our clients to help recover what they’ve lost. We believe that no one should escape the repercussions of inflicting such serious injuries, whether intentional or not. When you call our Louisiana burn injury lawyers, we will listen to your story and share how we can begin building a case to fight for your maximum recovery. When you partner with our firm, you get steadfast support, personalized legal strategies, and a team that's deeply committed to pursuing justice on your behalf.
Our Approach to Burn Injury Cases
We begin every case with a thorough investigation to gather all relevant evidence supporting your claim. Our burn injury attorneys in Louisiana work closely with local medical professionals to understand the full scope of your injuries and collaborate with accident reconstruction experts if necessary.
Our attorneys also focus on building a solid case that encompasses both the immediate and long-term impacts of the injury. By evaluating past medical reports, future treatment plans, and potential lost income, we aim to secure a settlement that truly reflects the breadth of your losses, both now and in the future.
You don’t have to deal with your injuries alone—call us today to take the first step toward recovery.
Call today for a free consultation at (225) 209-9943. If we take your case, you do not pay anything unless we win.
Louisiana Burn Injury Laws & Regulations
Understanding Louisiana’s specific personal injury laws and regulations is crucial for anyone seeking compensation for a burn injury. Louisiana follows a comparative fault system, meaning a victim’s compensation can be reduced by their percentage of fault (if any) in causing the accident. This can significantly impact a burn injury claim. For example, if the defendant argues that you were 50% at fault, you could only potentially recover half the amount you are seeking in damages. For burn injury victims, whose damages often reach into the hundreds of thousands of dollars range or more, this could be a significant difference in the amount recovered. Navigating this system requires astute legal guidance to effectively challenge any unfounded allegations of contributory negligence and to maximize possible recovery.
Additionally, burn injury claims must be filed within the state’s statute of limitations for personal injury lawsuits. In most cases, for incidents occurring on or after July 1, 2024, this is two years from the date of the incident. If the injury happened before this date, you have only one year to file a lawsuit. Failure to bring your claim within the statute of limitations will most likely lead to you losing your right to seek compensation for your injury-related damages, so it's important that you act quickly after the injury.
Louisiana Burn Injury FAQ
What Should I Do Immediately After a Burn Injury?
The moments following a burn injury are critical for both medical and legal reasons. First, you should immediately seek medical attention so that you can receive an accurate assessment of the severity of your burns and receive proper treatment, which often involves cooling the burn and covering it with a clean cloth to prevent infection. Also, if possible, document the incident by taking photos of the injury and the accident site. If anyone saw what happened, gather their contact information so that your attorney can get in touch with them later.
It is also essential to report the incident to relevant authorities, such as a supervisor if the injury occurred at work or a manager if it occurred in a public setting, and to keep receipts and records of all medical treatments. By maintaining detailed records from the onset, you lay a solid foundation for a strong legal case. You should also contact a burn injury lawyer in Louisiana as soon as possible for help with your claim. An attorney at our firm can help ensure that your rights are preserved and make sure that all applicable filing deadlines are met.
What Steps Should Be Taken to Secure Compensation After a Burn Injury?
Securing compensation after a burn injury involves multiple steps, beginning with seeking immediate medical treatment and thoroughly documenting the care you receive. Collecting evidence, including incident reports and eyewitness accounts, and consulting a legal professional are also important steps when it comes to preparing an effective case. We encourage you to contact a burn injury attorney who can guide you through the legal process and negotiate for a fair settlement on your behalf.
Are Burn Injury Claims Different in Urban Vs. Rural Areas?
While the process of filing a claim and your right to do so does not depend on where you live or where the incident occurred, the aftermath of a burn injury can vary depending on whether the incident occurred in an urban or rural area. Urban areas may have easier access to specialized medical facilities, which can impact the initial treatment and documentation process. On the other hand, rural accidents may require longer travel time to hospitals, potentially affecting treatment.
What Local Resources Are Available to Burn Victims in Louisiana?
Louisiana offers numerous resources for burn victims, including top-tier healthcare facilities and local support groups. Hospitals with dedicated burn units are strategically located in major cities to provide emergency treatment and ongoing care. Community support groups provide crucial emotional and psychological support for burn victims, which can be equally important in the healing process.
What Types of Damages Can I Recover in a Burn Injury Claim?
In a burn injury claim, several types of damages might be recovered. This includes economic damages, such as medical expenses, lost wages, and costs related to home and vehicle modifications to accommodate disabilities. Non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life may also be sought. At Clayton, Frugé & Ward, our Louisiana burn attorneys often collaborate with medical professionals, vocational experts, and other specialists to accurately quantify our clients' damages.
Can I File a Claim If I Was Partially at Fault for the Accident?
Yes, under Louisiana’s comparative fault system, you can still file a claim even if you are partially at fault for the accident that led to your burn injury. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for your injuries, your total compensation will be reduced by 20%, meaning you can only recover 80% of the total amount you are seeking in damages. Skillful legal representation can minimize the impact of a comparative fault argument by meticulously gathering evidence to reinforce your position.
Insurance companies often use the rule of comparative fault to minimize how much they have to pay claimants. It's important that you work with an experienced attorney who can advocate for you against the interests of the insurance company. At Clayton, Frugé & Ward, we aggressively push back against defendants’ efforts to play up victims’ shared liability, working tirelessly to ensure these parties are held accountable for the harm they cause. By working to counter these tactics, we aim to secure a more favorable outcome for our clients.
Can I Recover Compensation for Therapy or Counseling After a Burn Injury?
Yes, compensation for burn injury claims often includes coverage for psychological treatment. Severe burns can lead to significant emotional and psychological issues, including post-traumatic stress disorder (PTSD), anxiety, and depression. Treating these conditions is a crucial aspect of the recovery process. Access to therapy and counseling is an integral part of a comprehensive treatment plan and fosters psychological resilience during your recovery journey.
A burn injury claim can provide compensation to cover these treatments as part of the broader category of pain and suffering damages. Mental health evaluations and treatment plans should be well documented, as this is essential for substantiating this element of your claim. Our Louisiana burn injury attorneys prioritize your psychological treatment needs as much as your physical recovery, seeking rightful compensation to help make you whole. We understand that psychological healing is a pivotal part of regaining overall well-being and quality of life after an injury.
How Can a Louisiana Burn Injury Attorney Help Me?
An experienced Louisiana burn injury attorney can greatly help you with your claim by meticulously gathering evidence, including medical records, accident reports, and expert testimonies, to build a compelling case. They can aid you in navigating complex legal proceedings, ensuring all paperwork is filed correctly and all deadlines are met. Your attorney can also handle negotiations with insurance companies that often aim to limit their payouts, striving to secure a settlement that covers all your expenses and losses. If a fair settlement is unobtainable, your attorney will be prepared to take the case to trial to advocate for your rights in court. In addition, attorneys can provide a sense of stability through transparent communication and unwavering support throughout your recovery journey. Beyond the legal process, an attorney from Clayton, Frugé & Ward can connect you with necessary local resources and support services for your recovery, offering a distraction-free path to healing and focus on rebuilding your quality of life.
Why Choose Clayton, Frugé & Ward for Your Burn Injury Case?
Clayton, Frugé & Ward distinguishes itself by offering comprehensive, client-focused legal services tailored to burn injury cases. We are known for our history of successful case results, including more than $1 billion recovered for injured Louisiana residents. When you need a team that will fight for you, trust our firm to never back down in our pursuit of justice.