A serious burn needs urgent medical care, which can help prevent scarring, disability and deformity. Burns can also lead to infections because they damage the skin’s protective barrier, and serious burns may need treatment to clean the wound and replace the skin. If someone else’s carelessness or a dangerous product caused your burn, you may be able to hold them responsible and recover compensation for what you have lost.
Most injury claims in Wisconsin must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). Our Milwaukee office handles burn injury cases from fires, explosions, scalding, electrical accidents and defective products, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Wisconsin Law for Burn Injury Claims
A burn claim follows Wisconsin’s general injury rules. Depending on how the burn happened, product, property or workplace rules may also apply. Knowing which rules fit your situation early helps protect the claim.
Filing deadlines
If a burn injury leads to a death, the family’s wrongful death claim generally must be filed within 3 years (Wis. Stat. 893.54(1m)(b)). When the death came from a motor vehicle accident, such as a vehicle fire after a collision, the deadline is 2 years (Wis. Stat. 893.54(2m)).
A burned child can usually file until 2 years after turning 18, or within the normal period if that is later (Wis. Stat. 893.16). That extension does not apply to claims against health care providers (Wis. Stat. 893.16(1)).
Shared fault
Wisconsin uses comparative negligence, which means fault can be divided among everyone involved. You can still recover if your negligence is not greater than the negligence of the party you are claiming against, but your compensation is reduced by your share of the fault (Wis. Stat. 895.045(1)). Your fault is measured separately against each party found negligent (Wis. Stat. 895.045(1)).
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Some burns start with a product that failed, such as a faulty space heater or furnace, or an e-bike battery that overheated. Under Wisconsin law, a manufacturer can be held strictly liable, meaning liable without proof of carelessness, if you show the product was defective, the defect made it unreasonably dangerous, the defect existed when the product left the manufacturer, the product reached you without substantial change and the defect caused your damages (Wis. Stat. 895.047(1)).
A product can be defective because of a manufacturing defect, a design defect, or inadequate instructions or warnings (Wis. Stat. 895.047(1)).
Fires at businesses and workplaces
Wisconsin’s safe-place statute requires employers and owners of places of employment and public buildings to construct, repair and maintain them so they are safe for employees and for visitors, whom the statute calls “frequenters” (Wis. Stat. 101.11(1)). This can matter when a fire or scalding injury happens at a store, restaurant or other business. At a private home, the owner instead owes lawful visitors ordinary care under the circumstances.
Burns at work
If you were burned on the job, workers’ compensation is generally the exclusive remedy, meaning the only remedy, against your employer (Wis. Stat. 102.03(2)). You may still have a separate injury claim against a third party, such as the maker of a defective machine or a property owner other than your employer (Wis. Stat. 102.29(1)(a)). Our Milwaukee workers’ compensation lawyers can look at both sides of a workplace burn.
Common Causes of Burn Injuries
House and apartment fires
Burns at home can come from house fires, faulty space heaters or furnaces, and kitchen accidents.
Vehicle crashes and vehicle fires
Car accidents are one of the ways people get burned. Wisconsin requires a motor vehicle liability insurance policy for vehicles driven on its highways (Wis. Stat. 344.62(1)). Our Milwaukee car accident lawyers handle the crash side of these claims.
Scalding
Scald burns come from steam and hot liquids, and scalding is the second most common cause of burns after fire and flame. Children under age 5 and adults over age 55 have a higher chance of complications from severe burns, because their skin tends to be thinner.
Electrical burns
Contact with exposed wiring, arcs from high-voltage power lines and on-the-job exposure to machinery can cause electrical injuries. Some electrical burns look minor but hide serious internal damage, especially to the heart, muscles or brain, so a full medical evaluation matters even when the surface wound looks small.
Chemical burns
Chemicals that touch the skin can cause burns, and a chemical in the eyes should be flushed with water right away before getting medical help.
Explosions
Fireworks and overheating lithium-ion batteries can cause burns. After an explosion, the scene and the remains of the device should be preserved before anything is cleaned up or thrown away.
Burn Injuries and Compensation
Doctors describe burns by depth. First-degree burns affect the outer layer of skin. Second-degree burns reach deeper and often blister. Third-degree burns destroy the outer layer of skin and the entire layer beneath it, and a skin graft may be needed to close the wound. Breathing in smoke, steam or superheated air can also burn the airways.
A burn claim seeks payment for the losses the injury caused. In a burn case, the records we gather often cover:
- Emergency, hospital and burn unit care
- Skin grafts, reconstructive surgery and scar treatment
- Physical and occupational therapy
- Time away from work and lost earning ability
- Pain, scarring and disfigurement, and how they affect daily life
- Counseling for anxiety, sleep problems or post-traumatic stress
Wisconsin allows punitive damages when the defendant acted maliciously toward the injured person or in an intentional disregard of that person’s rights (Wis. Stat. 895.043(3)). Punitive damages are generally capped at twice the compensatory damages or $200,000, whichever is greater (Wis. Stat. 895.043(6)).
When a burn injury is fatal, the family may recover reasonable medical and funeral expenses (Wis. Stat. 895.04(5)). Damages for loss of society and companionship are capped at $350,000 for a deceased adult and $500,000 for a deceased minor (Wis. Stat. 895.04(4)).
For a workplace burn, workers’ compensation pays two-thirds of your average weekly earnings while you are totally disabled, subject to a maximum rate (Wis. Stat. 102.43(1)). Your employer must also supply the medical treatment reasonably required to cure and relieve the effects of the injury (Wis. Stat. 102.42(1)).
What to Do After a Burn Injury
- Get emergency care, then keep every wound care and follow-up appointment
- Photograph the burns as they heal, along with the scene, the product and any labels
- Keep the product, battery or appliance that failed, and do not return it to the seller or manufacturer
- Tell your employer about a workplace burn right away, since notice is generally due within 30 days (Wis. Stat. 102.12)
- Save receipts, pay stubs and a simple journal of pain, sleep and daily limits
- Hold off on recorded statements to any insurance company until you get advice
- Call 844-SEE-MIKE for a free consultation
How 844-SEE-MIKE Helps After a Milwaukee Burn Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
In burn cases, our first job is to investigate thoroughly and find out whether any safety rules were broken.
Các câu hỏi thường gặp
How much is my burn injury case worth?
When we evaluate a burn case, we look at how the injury has affected your quality of life and your ability to earn a living. Once your medical picture is clearer, we can talk through what the evidence supports.
Does scarring make a difference in a burn claim?
When we evaluate a burn case, we look at how the injury, including any scarring, has affected your quality of life. Photos over time, notes from your doctors about future treatment and your own account of how scars affect your comfort and confidence help show the full effect of the injury.
What does it cost to talk with 844-SEE-MIKE about a burn?
Nothing. The consultation is free, and if we take your case, you pay no attorney fee unless we recover money for you.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
You can also learn more about our Milwaukee personal injury lawyers and the other cases our office handles.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
