Burn Injuries

Burn injuries can be extraordinarily painful, traumatic, and cause immense damage to the skin and even organ systems. If you have been the victim of a serious burn injury that was the result of another person or corporation’s negligent or reckless behavior, you have a right to be compensated for the medical expense, lost work, and serious pain and suffering that those injuries have caused you. Finding an attorney with the experience in pursuing claims on behalf of burn victims, as well as intimate knowledge of the consequences of these complex and serious injuries, is critical. For assistance in pursuing your burn injury claims in Columbia, South Carolina, contact Peake & Fowler to consult with an attorney on your claims.

Burns arise from a variety of sources

Serious burn injuries can occur for a wide variety of reasons, including due to:

• Industrial accidents and chemical burns
• Car accidents or vehicle fires
• Motorcycle crashes
• Faulty electrical wiring in the home
• Defective gas grill or stovetop
• House fires
• Malfunctioning or defectively-manufactured smoke or fire alarms

Burn injury victims face numerous serious health consequences

Serious burns will destroy either one or several outer layers of the victim’s skin in the affected area. Depending on the location of the burn and any other complicating factors, this can result in a number of health problems requiring additional and sometimes long-term medical treatment. Burns can damage muscle fibers or nerve endings, resulting in limited use and reduced sensation to the damaged area. Third-degree burns—the most severe level of burn—can even reach underlying bone. Removal of the outer layer of skin over a large surface area impedes the body’s ability to regulate its internal temperature. Burn victims also suffer a heightened risk of bacterial infections. Such conditions can result in sepsis, which impedes the ability of the heart to beat normally, and can even become fatal.

Treatments for burn injuries can be extensive

When a burn removes large amounts of skin, victims may need to undergo skin grafting treatments, involving the removal of skin from other parts of the body to replace the lost skin. When burns occur on the face or other highly visible areas of the body, victims may require extensive reconstructive plastic surgery in order to regain their former appearance and feel like themselves again.

Recoverable Damages from Burn Injuries in Columbia, SC

A severe burn injury is often one of the most physically and psychologically devastating experiences a person can face. For residents of Columbia, South Carolina, navigating the aftermath of such an injury—which may be caused by car accidents, defective products, gas explosions, or property owner negligence—requires a detailed understanding of the state’s personal injury laws. 

When a burn injury is caused by the carelessness or wrongful action of another party, South Carolina law allows the victim to seek financial compensation, known as “damages.” These damages are designed to cover all of the victim’s losses, ranging from immediate medical bills to long-term emotional distress, ensuring the victim can achieve the fullest possible recovery.

The Catastrophic Nature of Burn Injuries

The high cost of burn injury claims is directly related to the severity and complexity of the injury itself. Burn injuries are typically classified into four degrees. First-degree burns are superficial, but second-degree burns penetrate deeper, often causing blisters and significant pain. 

Third-degree burns destroy all layers of the skin, nerve endings, and tissue, often requiring immediate and intensive care in a specialized burn unit. The most severe, fourth-degree burns, extend through the skin, fat, and muscle down to the bone. 

Because severe burns carry a high risk of infection, disfigurement, and loss of function, they often necessitate continuous hospital stays, multiple surgeries like skin grafts, physical therapy, and psychological counseling. These extraordinary needs form the basis of a substantial financial claim for damages.

Compensatory Damages: The Foundation of Recovery

In South Carolina, recoverable damages are primarily divided into two categories: compensatory and punitive. Compensatory damages are meant to “compensate” the victim for their actual losses and expenses. 

This category is further split into economic damages, which are easily quantifiable costs, and non-economic damages, which address intangible losses. The goal of compensatory damages is to put the victim back in the financial position they were in before the injury occurred, an especially critical task when dealing with the astronomical costs of burn treatment.

Accounting for Current and Future Medical Expenses (Economic Damages)

The most immediate and substantial form of economic damages involves medical costs. A burn injury claim must account for every expense incurred from the moment of the injury forward. This includes emergency room visits, ambulance transport, hospital stays in a specialized burn center, and all physician and surgeon fees. Crucially, a successful claim must also project the victim’s future medical needs. 

For severe burns, this can include years of reconstructive surgeries, scar revision procedures, medication management, physical and occupational therapy to regain mobility, and long-term check-ups. Expert testimony is often used to calculate these projected costs accurately, which can easily total hundreds of thousands, if not millions, of dollars.

Addressing Lost Income and Diminished Earning Capacity

Another critical component of economic damages is compensation for lost income. Burn injury victims are often unable to work for extended periods during their recovery, which leads to immediate lost wages. 

A claim seeks to recover all income, including salary, bonuses, and benefits, missed due to the injury. Even more significant in catastrophic burn cases is the concept of diminished future earning capacity. 

If a permanent injury, such as severe scarring or loss of function, prevents the victim from ever returning to their previous job or working at the same level again, the at-fault party is responsible for the lifetime difference in the victim’s earning potential. This complex calculation ensures the victim is financially secure even if their career prospects have been permanently limited.

Non-Economic Losses: Pain, Suffering, and Emotional Trauma

While economic damages cover bills and lost wages, non-economic damages address the profound human cost of a burn injury. These intangible losses include physical pain and suffering, emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD). 

They also cover the loss of enjoyment of life, meaning the inability to engage in hobbies, recreational activities, or perform daily tasks as before. Since burn injuries often result in visible scarring and permanent disfigurement, the emotional and social impact can be immense, leading to significant damages for psychological harm. 

In South Carolina, there is generally no statutory cap on non-economic damages in standard personal injury cases, allowing juries to award amounts that accurately reflect the lifelong trauma and suffering of the victim.

Punitive Damages: When Misconduct is Extreme

In rare but important cases, South Carolina courts may award punitive damages. Unlike compensatory damages, punitive damages are not meant to compensate the victim but rather to punish the defendant for especially egregious behavior and deter similar conduct in the future. 

To recover punitive damages, the victim must prove by “clear and convincing evidence” that the defendant’s conduct was “willful, wanton, or reckless.” Examples of such behavior include manufacturing a product known to be dangerously defective, driving while heavily intoxicated, or knowingly allowing a hazardous condition (like a faulty gas line) to persist.

Statutory Caps and the Legal Time Limit

While punitive damages can be significant, South Carolina law places limits on the amount. Generally, punitive damages are capped at either three times the total compensatory damages awarded or $\$500,000$ (or the annually adjusted equivalent, which may be higher), whichever amount is greater. 

However, the caps do not apply in certain circumstances, such as cases involving injuries caused by the defendant’s intoxication or a felony committed by the defendant. Finally, it is crucial to note that the statute of limitations in South Carolina for most burn injury lawsuits is three years from the date the injury occurred. Missing this legal deadline can result in the loss of all rights to pursue compensation, making prompt legal action essential for Columbia residents.

Columbia Attorneys Offering Experienced and Compassionate Legal Help in Burn Injury Claims

If you or someone you love has received a serious burn injury that was the result of someone else’s negligence, you deserve to be paid back for the money spent on medical expenses, the wages lost when you needed to miss work due to injury, and the severe pain and trauma your burn injuries caused you to suffer. For burn injury legal claims in the Columbia area of South Carolina, speak with a compassionate, trial-ready attorney at Peake & Fowler today to receive a free evaluation of your claims, at 803-788-4370.

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