Burn Injury Attorneys in Mississippi
An accident that leaves you with burns on your body is one of the most difficult to recover from physically, financially, and emotionally. Not only can burns be excruciatingly painful, they can cause permanent disfigurement and scarring as well. When someone else causes you this much pain through their negligence, it’s only right that they should pay for your medical expenses, lost wages, emotional distress, and other economic and non-economic damages associated with the accident.
Classifications of Burn Injuries
When doctors rate the severity of a burn, they assign the least serious burns the label of first degree and the most serious burns the label of fourth degree. Below is a brief description of each of the categories of burn injuries.
- First degree: If you have this type of burn, your top layer of skin turns red and looks like a typical sunburn. Pain is mild and new skin replaces the old skin within a few days.
- Second degree: This means that the burn has moved beyond the top layer of skin called the epidermis and reached your deeper skin levels known as the dermis. With a second-degree burn, your skin appears whiter in the burn area and you have blisters and extra fluid as well.
- Third degree: A third-degree burn is very serious as it means that the flame or heat has charred through all skin layers. The skin takes on the appearance of leather and feels hard and thick. The extra fluids that accumulate in your body cause the affected skin to look purple or dark red. You may not be able to feel anything in the injured area due to extensive nerve damage. Most people who sustain third-degree burns must attend many sessions of physical therapy to recover sensation in the affected area as well as full mobility and range of motion in the entire body.
- Fourth degree: A fourth-degree burn is immediately life threatening because charring affects the skin, muscle, and bone. Victims of fourth-degree burns often suffer from the amputation of fingers or toes, permanent loss of motion and dexterity, and ability to use their limbs. It’s also common to require several skin graft surgeries as well as plastic and reconstructive surgery. If you have suffered this type of burn, you should expect to complete extensive physical therapy and need lifelong medical treatment.
Asphyxiation and smoke inhalation is another way that you could receive serious injuries from a fire. While these don’t involve burns to your body, they can cause permanent disability if you don’t escape the fire soon enough. The fire removes oxygen from the air that you need to breathe and replaces it with smoke, hydrogen cyanide, and carbon monoxide. Breathing in these substances can cause immediate disorientation and loss of consciousness. People who survive can have permanent lung and brain damage.
In addition to assigning a degree of burn, doctors also assign a percentage. They arrive at this figure by counting your head, front of the chest, buttocks, abdomen, each arm, and the front and back of each leg as nine percent of the body. Your upper and lower back is eight percent each while each palm and your groin area are one percent each.
The type of burn that you sustain can determine the severity of your injuries. The most common types include:
- Chemical burns: These usually occur due to contact with something that contains acid or alkali
- Contact burns: You have a contact burn if you make direct contact with a hot object such as a stove, coal, or burning metal
- Electrical burns: These come from high intensity heat sources such as electrical wires
- Flame burns: This type of burn comes from a fire
- Flash burns: Accelerants such as kerosene or gasoline cause these types of burns
- Scald burns: These types of burns happen due to contact with very hot water
You will need medical care no matter how your burn happened. Even if you think it doesn’t seem significant, it’s better to receive care right away than to wait and have the pain possibly become worse.
Typical Causes of Burn Injuries Caused by Negligence
Burn injuries are among the most physically painful and emotionally traumatic experiences a person can endure. Unlike many other injuries, burns often leave permanent scars—both visible and invisible—requiring years of reconstructive surgery, physical therapy, and psychological counseling. While some burns are truly accidental, a significant number are the direct result of another party’s negligence.
Understanding the typical causes of these injuries is the first step toward seeking justice and ensuring that responsible parties are held accountable.
Motor Vehicle Accidents and Fire Hazards
Automobile accidents are a leading cause of thermal burns. While the impact of a crash is devastating enough, the presence of flammable fluids and high-heat engines creates a volatile environment.
- Reckless Driving: When an inattentive, chemically impaired, or deliberately reckless driver causes a high-speed collision, the vehicle’s fuel system can be compromised. A ruptured fuel tank or severed fuel line can lead to an immediate explosion or a fast-spreading fire, trapping occupants inside.
- Mechanical Negligence: Vehicles require regular maintenance to remain safe. If a commercial trucking company or a local mechanic fails to repair a leaking fuel line or ignores a faulty electrical system, they may be liable if the vehicle catches fire during operation.
- Manufacturing Defects: In some cases, the car’s design itself is the culprit. Examples include poorly placed fuel tanks that are prone to exploding upon rear-end impact or electrical wiring that shorts out and ignites the dashboard.
Product Liability: Defective Consumer Goods
We surround ourselves with powered devices, many of which rely on high-energy lithium-ion batteries or high-voltage electrical connections. When these products are rushed to market without proper testing, the results can be catastrophic.
- Lithium-Ion Battery Explosions: Common in smartphones, laptops, and e-cigarettes, these batteries can undergo “thermal runaway” if manufactured improperly, leading to fires and chemical burns.
- Household Appliances: Defective toasters, space heaters, and clothes dryers are frequent causes of house fires. Negligence often lies with the manufacturer for using sub-standard components or failing to include necessary safety shut-off valves.
- Machinery and Tools: Industrial-grade tools used by DIY enthusiasts or professionals can overheat or spark due to poor internal insulation, causing immediate contact burns or igniting nearby sawdust and debris.
Workplace Hazards and Industrial Negligence
The workplace should be a sanctuary of safety, regulated by strict OSHA standards. However, to save time or money, some employers cut corners, placing their staff in harm’s way.
- Chemical Exposure: Many industrial sectors involve toxic or highly flammable chemicals. If an employer fails to provide proper Personal Protective Equipment (PPE) or fails to label “hot zones” and volatile storage areas correctly, workers can suffer severe chemical burns that melt through skin and muscle.
- Faulty Wiring and Electrical Safety: Linemen, electricians, and construction workers are at high risk for electrical burns. Negligence occurs when a site manager fails to de-energize lines before work begins or when a building owner ignores outdated, fraying wiring that eventually causes a flash-fire or electrocution.
- Explosions: In environments like refineries, grain silos, or manufacturing plants, a single spark in a dust-filled or gas-heavy room can cause a massive explosion. These incidents often result from a failure to maintain proper ventilation systems.
Improper Supervision and Caretaker Liability
Vulnerable populations, including children, the elderly, and those with disabilities, rely on caretakers to keep them safe from environmental hazards. When this duty of care is breached, the consequences are often life-altering.
- Scalding Water Injuries: One of the most common forms of negligence in nursing homes and daycares is failing to monitor water temperatures. If a caretaker places a vulnerable person in a bath where the water heater is set too high (often above 120°F), deep tissue burns can occur in seconds.
- Inadequate Monitoring: Children are naturally curious and may reach for pot handles on a stove or play with lighters. If a supervisor is distracted or leaves a child unattended near a heat source, they may be held legally responsible for the resulting injuries.
- Nursing Home Neglect: Beyond bathing, elderly residents may be left too close to radiators or given heating pads that are left on for far too long, causing “slow-burn” injuries on skin that is already fragile.
Premises Liability and Property Management
Property owners have a legal obligation to ensure their premises are safe for visitors, tenants, and customers.
- Building Code Violations: Fire spreads rapidly when property owners fail to install working smoke detectors, fire extinguishers, or sprinkler systems. Additionally, blocked fire exits or a lack of emergency lighting can trap people inside a burning building.
- Restaurant and Kitchen Safety: Commercial kitchens are high-risk areas. If a restaurant owner fails to clean grease traps (leading to grease fires) or serves food and beverages at temperatures that far exceed safety standards without warning, they may be liable for customer injuries.
- Gas Leaks: Landlords who fail to inspect gas lines or ignore reports of a “rotten egg” smell (mercaptan) are negligent. A gas buildup in an apartment complex can level an entire city block if ignited.
The Severity of Burn Injuries
To understand the legal weight of a burn injury case, one must understand the medical classifications of the damage:
- First-Degree Burns: Affect only the outer layer of skin (epidermis). While painful, they usually heal without surgery.
- Second-Degree Burns: Reach the second layer of skin (dermis), causing blisters and potential scarring.
- Third-Degree Burns: Destroy the epidermis and dermis and may go into the innermost layer of skin, the subcutaneous tissue. The area may look charred or white.
- Fourth-Degree Burns: These are the most severe, extending through the skin into the muscle and bone. Nerve endings are often destroyed, meaning the victim may initially feel no pain despite the life-threatening nature of the wound.
Long-Term Consequences and Damages
A personal injury lawsuit for a burn victim isn’t just about the initial hospital bill. It accounts for the “total life impact,” which includes:
- Debridement and Skin Grafts: The agonizing process of removing dead tissue and replacing it with healthy skin.
- Infection Risks: The skin is the body’s primary defense against bacteria; severe burns leave the body incredibly vulnerable to sepsis.
- Psychological Trauma: Many burn survivors suffer from PTSD, depression, and social anxiety due to disfigurement.
- Lost Earning Capacity: If a victim’s mobility is restricted or they can no longer work in their previous field, the negligent party must compensate for that loss of future income.
Legal Considerations
If you or a loved one has suffered a burn injury due to someone else’s carelessness, the first priority is always medical stabilization. However, once the recovery process is underway, it is vital to consult with a legal professional.
Evidence in burn cases—such as charred machinery, security footage, or chemical samples—can disappear quickly. Furthermore, every state has a strict timeline for when you can file a claim.
In Mississippi, the Statute of Limitations for personal injury claims is three years.
If you fail to file your lawsuit within this three-year window from the date of the accident, you will likely lose your right to seek compensation forever. By acting quickly, you can ensure that investigators can document the scene of the negligence and that you receive the financial support necessary for your lifelong recovery.
Contact the Gardner Law Group Today
The personal injury attorneys at Gardner Law Group have years of experience helping burn accident victims recover the financial compensation they deserve. If you or a family member have suffered a burn injury, smoke inhalation, or asphyxiation due to someone else’s negligence, please contact us to request a free initial review of your case. You can reach Gardner Law firm in Biloxi at 228-436-6555, Hattiesburg at 601-582-4300, or Pascagoula at 228-762-6555.
Contact Gardner Law Firm Today
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- 178 Main Street,
Biloxi, MS, 39530 - P: (228) 436-6555
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Pascagoula
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Pascagoula, MS, 39567 - P: (228) 762-6555
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