Thermal Burn Lawsuit

Attorney David Szerlag is a former fire fighter with training in advanced life support and hazardous material. For a free consultation about a thermal burn lawsuit, please call 1-888-377-8900 (TOLL FREE) or submit our free consultation form.

What are Thermal Burns?

Thermal burns are what we typically think of when it comes to burn injuries. This covers sunburns, burns from touching a hot pan, steam burns and burns from fires. Thermal burn injuries are often serious and can be fatal.

House Explosion Thermal burns act by transferring heat through conduction, radiation, or convection. Conduction is the direct transfer of heat from a heat source to the body, such touching a hot pan. Radiation is the cause of sunburns, where high energy electromagnetic waves are converted to kinetic energy upon reaching our skin which then damages the tissue. Convection is the process where heat is delivered through the air; an example of this is a flash burn from a propane explosion.

The amount of damage caused by a thermal burn is determined by both the temperature of the heat source, duration of exposure, and area of exposure. At temperatures of 104-110˚F, enzyme function is inhibited, which explains why fevers over 104˚F are so dangerous. At temperatures of 140˚F for only 1 second, partial-thickness (second degree) burns result. When the temperature reaches 158˚F, protein in the skin is denatured, and a full-thickness burn results. As the duration of the burn increases, increased damage occurs.

Thermal Burn Compensation

Compensation for a burn survivor usually includes medical expenses, loss of earnings, disability, pain and suffering, emotional distress and any other amount that would be considered necessary to compensate the burn victim for his or her losses. With burn cases, pain and suffering is unquestionably horrendous, so the compensation for burn injury pain and suffering is often high.

In cases where the breach of duty was egregious or where there was intentional wrong done, punitive damages may apply. Punitive damages are monetary amounts that are meant to punish the parties who breached their duty of care.

If the burn victim dies, the following may be recoverable via a burn injury wrongful death lawsuit:

Funeral expenses
Medical expenses, past and future
Earnings, past and potential, that the decedent would have provided his loved ones if not for the wrongful death
Loss of advice, care, comfort and companionship the deceased would have provided had he or she lived
Pain and suffering of the deceased person experienced prior to death
Punitive damages, upon clear and convincing evidence that the acts of the defendant showed deliberate disregard for the rights or safety of others.

Thermal Burn Classification

The American Burn Association determines the severity of the burn based on the percent of the body burned and sensitive areas affected.

A minor burnis one that covers less than 15% of the body area (10% in the children and elderly) and is less than 2% third-degree burn.
A moderate burn is one that covers 15-25% of the body area (10-20% in the children and elderly) and less than 10% third-degree burn.
Major burns cover over 25% of the body area (>20% in children and the elderly). Also, any burn that could cause cosmetic or functional disability or that affects any sensitive area such as the face, eyes ears, hands, feet, or genitals is considered a major burn. Finally, any electrical burn or burn that is accompanied by any inhalation injury or other trauma is considered a major burn.

Degrees of Thermal Burn

Typical burn injuries of the skin can be divided into three degrees, based on the amount of damage caused by the burn.

First-Degree Burn
Nearly everyone has experience several first-degree burns during there life in the form of sunburns. First-degree burns are quite minor, causing only temporary skin damage to the top layer of skin, the epidermis. The color of the skin changes to pink or red and maybe be very sensitive or painful. After 3-6 days, the damaged epidermis peels off, leaving scar-free, completely healed tissue underneath. Any treatment for first-degree burns merely aims to alleviate discomfort caused by the burn.

Second-Degree Burn
Second-degree burns are more severe than first-degree burns. The top layer of skin (epidermis) is destroyed and the dermis is also damaged, resulting in red or pale skin, increased or decreased sensation depending on the depth of the burn, and blister formation. Second-degree burns take around 21 days to heal, with deep second degree burns possibly requiring skin grafts which then take more time to heal. For information on the treatment of second-degree burns see the following pages: Treatment of Minor Burns and Treatment of Moderate and Severe Burns.

Third Degree
Third-degree burns destroy all the layers of the skin, possibly causing even deeper damage. Because the skin is destroyed, third-degree burns appear dry and leather-like, pale, red or spotty brown, and completely insensitive because nerves are destroyed as well. Third-degree burns usually require skin grafts and can take months to heal, with permanent disfiguration possible. For information on the treatment of third-degree burns, see Treatment of Moderate and Severe Burns.

Fourth Degree
Occasionally, a fourth, fifth or even sixth degree is used to describe a burn injury. This is when a burn damages muscle, bone or organs. These types of burn injury are very severe, requiring skin grafts or amputation.

Thermal Burn Attorney

To contact a burn attorney at PritzkerOlsen, P.A. about your burn case, please call 1-888-377-8900 (toll free), e-mail our lawyers or submit our free case consultation form.

If you retain a burn attorney at our law firm, we will immediately investigate the circumstances surrounding your burn accident. Because it is best to gather evidence soon after the accident, it is important to contact us as soon as possible.

Sources:
1. American Burn Association: Guidelines for service standards and severity classification in the treatment of burn injury, American College of Surgeons Bulletin 69(10):2-28, 1984.
2. Carrougher, Gretchern J. (1998). Burn Care and Therapy. St. Louis: Mosby Inc.

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