Maximizing Compensation for Burn Victims in Elkhart

When the unimaginable happens, and you or a loved one becomes a victim of a burn injury, you need an advocate who understands the physical, emotional, and financial challenges you are facing. At Wilson & Kinsman LLC, our Elkhart burn injury attorneys are dedicated to providing the unwavering support and legal guidance required to help you on your journey toward recovery and justice.

Key Summary: 

  • Burn injuries are categorized into degrees based on severity, with each degree indicating the depth of tissue damage. There are four degrees: first-degree, second-degree, third-degree, and fourth-degree burns.
  • Common types of burn injuries include thermal burns, chemical burns, electrical burns, radiation burns, friction burns (road rash), sunburn, scald burns, and flash burns.
  • Negligent accidents, such as house fires, cooking accidents, electrical malfunctions, and more, can lead to burn injuries, making those responsible potentially liable.
  • To establish negligence in a burn injury case, you must prove a duty of care, breach of duty, causation, and damages.
  • Potentially liable parties in burn injury cases can include individuals, employers, product manufacturers, property owners, healthcare professionals, and more.
  • Recoverable compensation in a burn injury case may include medical expenses, lost wages, pain and suffering, property damage, and more, depending on the circumstances and severity of the injury.
  • In Indiana, there is a two-year statute of limitations for filing a burn injury claim. Failing to adhere to this deadline can result in the loss of your right to seek compensation.

Our team of burn injury lawyers is experienced in representing those who have suffered burn injuries due to accidents, negligence, or intentional harm. With a deep commitment to our clients, we strive to ensure that you receive the compensation and care you deserve.

If you or a loved one has been affected by a burn injury, contact our Elkhart burn injury attorney today and let us help you seek the justice and closure you deserve.

What are Burn Injuries?

Burn injuries occur when skin or other tissues are damaged due to exposure to heat, chemicals, electricity, or radiation. These injuries can vary in severity and are typically categorized into degrees, with first-degree being the least severe and third-degree being the most severe. 

These injuries can be due to the negligent or intentional actions of others.  These can occur in various settings, including accidents, workplace incidents, or even assaults, where someone’s actions result in another person getting burned.

If you or a loved one has suffered a burn injury due to someone else’s negligence, don’t hesitate to seek the compensation and justice you deserve. 

Burn Injuries By Severity

Burn injuries are categorized into degrees based on their severity, with each degree indicating the depth of tissue damage and the extent of the injury. There are typically four degrees of burn injuries:

  • First-Degree Burns: These are the mildest burns and affect only the top layer of the skin, known as the epidermis. They often cause redness, pain, and mild swelling but generally heal within a few days and do not typically require medical attention.
  • Second-Degree Burns: These burns affect both the epidermis and the layer beneath it, known as the dermis. Symptoms include redness, blistering, severe pain, and swelling. Superficial second-degree burns can heal in a few weeks, but deeper ones may require medical treatment and can result in scarring.
  • Third-Degree Burns: These are severe burns that damage the entire thickness of the skin and can extend into deeper tissues, including muscles and bones. Third-degree burns often appear white, black, or charred and may not be painful initially because nerve endings are destroyed. They require immediate medical attention and may need extensive treatment, such as skin grafts.
  • Fourth-Degree Burns: These are even more severe than third-degree burns and can extend beyond the skin, damaging underlying tissues, muscles, and sometimes even bone. Fourth-degree burns are life-threatening and require immediate medical intervention.

The degree of the burn injury is used to assess the severity and guide the appropriate treatment. It’s also important to determine the degree of burn injury especially if you are considering pursuing legal action. 

What are Common Types of Burn Injuries?

Burn injuries can occur in various ways, and they are typically classified into several common types based on their causes and sources. The common types of burn injuries include:

  • Thermal Burns: These burns result from contact with heat sources such as flames, hot objects, steam, or hot liquids. 
  • Chemical Burns: Chemical burns happen when the skin or tissues come into contact with hazardous chemicals, including acids, alkalis, and other corrosive substances. 
  • Electrical Burns: Electrical burns result from electrical current passing through the body, with severity depending on the voltage and current strength. These burns can be caused by electrical accidents, faulty wiring, or contact with live electrical equipment.
  • Radiation Burns: Radiation burns occur from exposure to ionizing radiation, which can damage the skin and underlying tissues. Overexposure to X-rays, radiation therapy, or nuclear incidents can result in radiation burns.
  • Friction Burns (Road Rash): Friction burns occur when the skin is abraded or rubbed against a rough surface, such as pavement during a fall or accident. 
  • Sunburn: Sunburn results from excessive exposure to ultraviolet (UV) radiation from the sun or artificial sources like tanning beds. Prolonged sun exposure without adequate sun protection can cause sunburn.
  • Scald Burns: Scald burns are a specific type of thermal burn caused by hot liquids or steam. They can occur due to incidents like spilling hot beverages, cooking accidents, or opening a steam valve without proper protection.
  • Flash Burns: Flash burns result from brief and intense flashes of flames, often due to explosions. 

Negligent Accidents That Can Result To Burn Injuries 

Negligent accidents that can lead to burn injuries are unfortunately common and can have serious consequences. Here are several examples of negligent accidents that may result in burn injuries:

  • House Fires
  • Cooking Accidents
  • Electrical Malfunctions
  • Chemical Mishaps
  • Workplace Accidents
  • Motor Vehicle Accidents
  • Hot Beverage Spills
  • Industrial Accidents
  • Gas Leaks and Explosions
  • Unsafe Practices with Fireworks
  • Negligent Smoking Practices
  • Improper Handling of Heat-Producing Appliances
  • Scalding in Nursing Homes

In each of these scenarios, negligence plays a significant role in causing accidents that result in burn injuries. Those responsible for maintaining safe environments, whether at home, in the workplace, or in public spaces, have a duty to take necessary precautions to prevent such accidents and protect individuals from harm. When negligence leads to burn injuries, you may have grounds for legal action to seek compensation for the damages.

What Steps to Take After a Burn Injury? 

If you or someone you know experiences a burn injury in Elkhart, it’s crucial to take immediate and appropriate steps to ensure proper medical treatment and potential legal action if the injury results from negligence. Here are the steps to take after a burn injury in Indianapolis:

  • Seek Immediate Medical Attention

The most critical step is to prioritize your health or the health of the injured person. Call 911 or go to the nearest hospital or medical facility. Prompt medical attention is essential for assessing the severity of the burn and initiating treatment.

  • Report the Incident

If the burn injury occurred as a result of negligence in a public place, or workplace, or due to a faulty product, report the incident to the appropriate authority or supervisor. This documentation can be crucial if legal action is necessary.

  • Document the Scene

If possible and safe to do so, document the scene of the accident with photographs or notes. Preserve any evidence related to the incident. This may help provide evidence if you decide to pursue a legal claim.

  • Contact an Attorney

If you believe the burn injury occurred due to someone else’s negligence, it’s advisable to consult with an Elkhart burn injury attorney experienced in burn injury cases. They can provide guidance on your legal rights and the potential for a personal injury claim.

  • Gather Information

Your attorney will need information about the incident, including witnesses, medical records, and any other relevant details. Be prepared to provide this information to assist in building a case.

  • Notify Insurance Companies

If applicable, notify your insurance company about the incident. Depending on the circumstances, you may be entitled to compensation through your insurance policy.

  • Consider Legal Action

With the guidance of your attorney, determine whether you have a valid personal injury case. If negligence is established, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

The steps you take after a burn injury can significantly impact your recovery and potential for legal recourse. Consult with our Elkhart burn injury attorney to help you navigate the legal process and pursue compensation if negligence was a factor in the burn injury.

How To Establish Negligence in a Burn Injury?

Establishing negligence in a burn injury case is essential to pursuing a successful personal injury claim. To do so, you’ll need to demonstrate the following elements:

  • Duty of Care: Show that the party you’re holding responsible owed you a duty of care. This duty of care will vary depending on the specific circumstances. For example, in a workplace, employers have a duty to maintain a safe environment for their employees.
  • Breach of Duty: Prove that the responsible party breached their duty of care by failing to take reasonable precautions to prevent the burn injury. This may involve demonstrating that they did not follow safety regulations, maintain equipment properly, or provide adequate warnings.
  • Causation: Establish a direct link between the breach of duty and the burn injury. In other words, demonstrate that the negligence was the proximate cause of the injury.
  • Damages: Document the damages resulting from the burn injury, such as medical bills, lost wages, pain and suffering, and any other losses incurred as a result of the injury.

Who is Potentially Liable in a Burn Injury?

In a burn injury case, several parties may potentially be liable, depending on the specific circumstances and the cause of the burn. Liability can arise when these parties fail to meet their duty of care, leading to injuries. Potentially liable parties may include:


Individuals can be held liable for burn injuries if their negligent actions or intentional harm led to the injury. This may include actions such as reckless driving, assault, or unsafe handling of fire or hot objects.


Employers have a legal duty to provide a safe workplace for their employees. They can be held liable for burn injuries if workplace conditions, equipment, or safety protocols were negligent or violated safety regulations. For example, a lack of safety training, faulty equipment, or inadequate safety measures can lead to employer liability.

Product Manufacturers

Manufacturers, distributors, and retailers of products can be held liable for burn injuries caused by defective or dangerous products. This includes items like faulty electrical devices, appliances, flammable materials, or safety equipment that doesn’t perform as intended.

Property Owners

Property owners can be held liable if burn injuries occur due to hazardous conditions on their premises, such as fires caused by negligence or inadequate maintenance. Slip and fall accidents resulting in burns may also lead to property owner liability.

Healthcare Professionals

In cases where a burn injury is exacerbated or not properly treated by healthcare professionals, they may be held liable for medical malpractice.

Construction Companies

Construction companies and contractors can be held liable for burn injuries if they fail to maintain safe construction sites or provide adequate safety measures for workers.

Government Entities

Government entities may be liable for burn injuries if the injury results from negligence in public spaces, such as government buildings, parks, or roadways. However, government liability can be subject to specific legal requirements and limitations.

Restaurants and Food Establishments

Restaurants and food establishments can be held liable for scalding injuries resulting from serving excessively hot food or beverages. These establishments are expected to provide products at safe temperatures.

Entertainment and Event Organizers

Event organizers or those responsible for managing entertainment venues can be held liable if burn injuries occur due to negligent safety measures or inadequate crowd control.

Hotels and Lodging Facilities

Hotels, motels, and lodging facilities can be held liable if burn injuries occur on their premises due to negligence, such as faulty electrical systems, unsafe heating equipment, or inadequate safety measures.

Establishing liability in a burn injury case involves a careful evaluation of the specific circumstances and identifying the party or parties responsible for the injury. Our Elkhart personal injury attorney can help investigate and establish liability, ultimately guiding you in pursuing the appropriate legal action to seek compensation for your damages.

Recoverable Compensation in a Burn Injury Case

The specific compensation you can recover in a burn injury case will depend on factors such as the severity of the injury, the degree of negligence or fault on the part of the responsible party, and the applicable laws in your Elkhart, IN.  Generally, recoverable compensation may include the following:

  • Medical Expenses
  • Lost Wages
  • Pain and Suffering
  • Disfigurement and Scarring
  • Rehabilitation and Therapy
  • Property Damage
  • Out-of-Pocket Expenses
  • Loss of Consortium
  • Punitive Damages
  • Wrongful Death Damages

Consulting with our Elkhart burn injury attorney is crucial in assessing the details of your case, determining the potential for compensation, and advocating for your rights in pursuing a claim or lawsuit.

Is There a Time Limit to Filing a Burn Injury Claim in Indiana?

Yes, there is a time limit, also known as the “statute of limitations,” for filing a burn injury claim in Indiana. The statute of limitations sets a deadline for when a legal action must be initiated. 

In Indiana, the statute of limitations for personal injury claims, including burn injury cases, is generally two years from the date of the injury. It’s crucial to be aware of and adhere to this time limit. If you fail to file your burn injury claim within the statute of limitations, you may lose the right to pursue compensation for your damages. 

However, certain circumstances or exceptions can affect the deadline, so it’s advisable to seek legal guidance from our personal injury attorney in Elkhart who can assess the specific details of your case and guide you through the legal process.

Why Do I Need a Burn Injury Attorney in Indiana?

Suffering a burn injury can be a physically and emotionally devastating experience. When such injuries occur due to the negligence or wrongful actions of others in Elkhart, Indiana, the need for legal representation can be crucial. In this challenging time, the assistance of an Elkhart burn injury attorney is not merely advisable, it is essential. 

At Wilson & Kinsman LLC, our legal team is committed to: 

  • Examining the facts of your claim and its surroundings
  • Gathering solid evidence to support your burn injury claim
  • Determining the value of your claim to ensure maximum compensation
  • Negotiating a settlement with the opposing party on your behalf 
  • If necessary, bringing legal action to speed up the settlement process
  • Ensuring you receive your compensation on time

Our burn injury lawyer in Elkhart can provide you with the legal knowledge, support, and advocacy necessary to seek the compensation and justice you deserve. We will work to protect your rights and help you through the legal process while you focus on your recovery and well-being. Contact us today to know more! 

Call Our Elkhart Burn Injury Attorney Now!

By choosing to work with our Elkhart burn injury attorney, you are taking a proactive step toward securing the support and resources necessary to rebuild your life. Our experience and legal knowledge will not only help you navigate the complexities of the legal system but also provide you with the peace of mind that someone is fighting for your rights.

While the path to recovery may be challenging, know that it is not one you have to travel alone. Our personal injury law firm will be there to support you every step of the way. 

If you or someone you love require further legal assistance, Wilson & Kinsman LLC represents automobile crashes, product/premises liability cases, misdemeanors, violent crimes, and more. Give us a call today.

Give us a call!

Wilson & Kinsman

Ask a question or schedule a personalized case evaluation.

What do you need help with?


Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.


A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno