Navigate Your Burn Injury Lawsuit (Compensation, Filing, and More)

A burn injury lawsuit requires an understanding of legal procedures and medical implications. Recent high-profile cases, such as Jackie Lansing’s lawsuit against Tim Hortons, highlight the need for injury lawyers Edmonton for guidance in these matters.

73-year-old Ontario resident, has filed a claim for C$500,000, alleging severe burns caused by a defective coffee cup that allowed superheated tea to spill, resulting in extensive injuries and disfigurement.

According to the Canadian Burn Association, burns are responsible for 15% of all injury-related hospital admissions annually in Canada. These injuries not only affect physical state but also lead to emotional and psychological distress, as seen in Lansing’s case, where ongoing hypersensitivity and emotional distress have severely impacted her quality of life.

What are Burn Injuries?

These are classified based on their severity and depth for medical treatment and legal assessment. In Canada, burn injuries represent a major health concern, with over 10,000 cases treated annually across hospitals and specialized burn units.

Here Are Its Types

What You Need To Know

According to Statistics Canada, scalds are predominantly caused by thermal sources such as fires, hot liquids, and electrical currents. Workplace incidents and domestic accidents are the leading causes.

• The incidence of burn injuries in Canada has remained relatively stable, with approximately 30% of cases occurring in children under 15.

The Rule of Nines

The Rule of Nines is a systematic method used to assess the total body surface area (TBSA) affected by scalds.

In adults, the body is divided as follows:

In children, the distribution differs due to their proportionally larger head and smaller limbs. Adjustments are made to reflect these differences, such as assigning 18% to the head and 14% to each leg for infants.

One its uses is to calculate the fluid requirements for patients, using formulas like the Parkland formula.

• For example, the Parkland formula prescribes 4 mL of lactated Ringer’s solution per kilogram of body weight per percentage of TBSA burned, administered over the first 24 hours post-injury.

Accidents That Can Lead to Burns

Thermal

Residential fires are a leading cause of cooking accidents, heating equipment malfunctions, and electrical issues. These often lead to severe burn injuries due to the high temperatures and the rapid spread of flames.

• In industrial settings, fires caused by flammable materials, chemical reactions, or machinery malfunctions can result in serious cases.
• Scalds, caused by hot liquids such as boiling water or steam, are prevalent in both domestic and commercial environments. For instance, water at 60°C can cause a second-degree burn in just one second.
• Contact from hot surfaces like stovetops or industrial equipment can also result in severe injuries.

Chemical

These occur in industrial or laboratory settings where hazardous substances are used. Exposure to acids, alkalis, or other corrosive chemicals can cause significant skin damage.

• Proper handling procedures and personal protective equipment (PPE) are necessary for prevention.
• Chemical scalds can also result from improper use or accidental exposure to household cleaners and other chemicals, such as drain cleaners

Electrical

These occur when an individual comes into contact with an electrical current. They can be severe like a brain injury, as the electrical energy can cause deep tissue damage beyond the visible burn or possibly a wrongful death.

• These can also result from faulty wiring, improper use of electrical appliances, or damaged insulation.
• Arcs are caused by the high temperatures generated by electrical arcs or a motor vehicle accident, which happen when a current passes through the air.

How Experienced Injury Lawyers Can Help

Comprehensive Case Evaluation

They begin by evaluating the specifics of the case of injury victims during an initial consultation—reviewing records, accident reports, and witness statements.

• Based on the assessment, they provide clients with a clear understanding of their legal rights, compensation, and the likely outcomes.

Filing and Documentation

They ensure that all documents are filed within the statute of limitations. Missing these deadlines result in the forfeiture of the right to seek compensation.

• They prepare and file documents, including complaints, motions, and discovery requests.
• They take charge of gathering all evidence, which may include medical records, accident scene photos, surveillance footage, and witness testimony.
• They collaborate with medical people, accident reconstruction specialists, and economists to strengthen the case.

Insurance Negotiation

They use their knowledge of insurance law and negotiation tactics to advocate for a fair settlement that compensates the client for their losses.

• They advise on whether to accept a settlement offer or pursue litigation.
• They assess healthcare, lost wages, pain and suffering, and future care costs.

Courtroom Representation

When a settlement cannot be reached, they prepare the case for trial.

• By finalizing all documentation, preparing witnesses, and developing an effective rationale to present to the judge or jury.
• They present evidence, cross-examine witnesses, and argue the case.

Case Samples For Your Rights

Taylor v. Allard, 2009 CanLII 10986 (ON SC)

In this case, the 29-year-old plaintiff tripped over a cinder block and fell into a bonfire while intoxicated. As a result, he sustained second and third-degree cases to 14% of his body surface—left arm and back.

• The court awarded the plaintiff $100,000 in general damages, recognizing the severity of the case, the pain endured, the permanent scarring, and the functional limitations.

Lamky v. 1517370 Ontario Inc., 2005 CanLII 6388 (ON SC)

The plaintiff suffered second-degree case to her thigh when coffee spilled from a takeout cup. It occurred while the plaintiff was holding the provided tray on her lap, and one of the cups tipped over, causing the burn.

• The burn resulted in a noticeable red mark on the thigh, which remained visible for a year post-accident and was still slightly noticeable 19 months later.
• The court awarded $8,000 in general damages, recognizing the distress caused by the burn, as well as the residual cosmetic result.

Wu (Guardian ad litem of) v. Hai Yonge Enterprises Ltd., 1997 CanLII 831 (BC SC)

The plaintiff, an 8-year-old girl, suffered first and second-degree cases when a waiter at the defendant’s restaurant accidentally spilled hot soup on her affecting her right neck, right shoulder, and right anterior chest.

• It led to the development of a hypertrophic scar on her shoulder, requiring her to wear a Jobst pressure garment for four years to manage the scarring.
• The court awarded $25,000 in general damages, acknowledging the disfigurement, prolonged treatment, and psychological impact on the child.

Trust Sidhu’s Guidance With Your Case

Personal injury accidents like burns, whether from workplace accidents, motor vehicle accidents, defective products, or negligent actions, can lead to severe physical, emotional, and financial traumas.

The lawsuit involves calculating the total body surface area (TBSA) affected using tools like the Rule of Nines, understanding the implications of your injury on your long-term health, and ensuring all evidence is presented effectively in court for personal injury litigation.

Sidhu Personal Injury Lawyers Edmonton is here for your sought legal guidance. Our injury lawyers guide you from filing your injury claim to settling with an insurance company and representing you in court if necessary for your personal injury case.

We will face the aftermath together as you receive compensation for your injury—healthcare, pain and suffering, lost wages, and scarring or disability. We are here for you. Contact us today for a free consultation.