Burn injuries in children, especially severe ones, can have devastating lifelong physical, emotional and financial impacts. When a child suffers burns due to the negligence or reckless actions of another, the child and family may be entitled to compensation through a personal injury lawsuit. This can help pay for medical expenses, rehabilitation, and provide for the child’s future care needs. However, the legal process can be complex. Below we look at the different things you will need to keep in mind.
Determining Liability
The first step is to identify the liable party and determine if they failed in their duty of care. For example, if a daycare center employee severely scalded a toddler by serving microwaved food without checking the temperature, their negligence would make them liable. Other potentially liable parties could include manufacturers and retailers of defective products, property owners who fail to eliminate hazards, or drivers who cause fiery crashes. Thorough investigation and evidence are needed to prove liability.
Types of Compensation Available
Compensation commonly sought includes:
- Medical expenses from initial emergency care through long-term rehabilitation and treatment. This includes hospital bills, doctor fees, medications, surgeries, therapy and in-home nursing care.
- Lost future earnings, as severe burns often limit a child’s future education and career prospects. Economists can provide estimates.
- Pain and suffering damages, awarded for the physical and emotional trauma. The age of the child and severity/permanence of the burns increase these damages.
- Loss of enjoyment of life if activities and experiences are diminished by disability from the burns.
- Punitive damages in cases of gross negligence or intentional harm. This punishes and deters egregious conduct.
The Case of a Minor Child
Children cannot directly bring lawsuits on their own behalf, as they are legally minors. Instead, either a parent files on behalf of the child, or a court appoints a guardian ad litem to represent the child’s best interests if there are concerns about parental conflict.
Settlements and Judgment Collection
Many burn injury cases settle out of court, avoiding lengthy trials. Settlements also provide funds more quickly, which is critical for medical care. If the case goes to trial and a judgment is awarded, collecting from the defendant is not always guaranteed. Experienced attorneys utilize methods to secure funds.
Trust Funds and Structured Settlements
Lump sum payouts may be put into protected trust funds, with payments released over time to cover future expenses. This ensures that care needs are met after the child becomes an adult. Structured settlements provide tax-free periodic payments, often life-long, avoiding risks of misusing a lump sum.
When a child suffers catastrophic burn injuries due to negligence, it is critical to consult an experienced personal injury attorney from the Scarlett Law Group. We can investigate liability, preserve evidence, deal with insurance companies, determine all available compensation, and represent the child’s best interests in pursuing maximum recovery.
You can visit our office at 536 Pacific Avenue, San Francisco, CA 94133.
Call now for a free consultation on (415) 352-6264.