Burn Injuries Can Happen Many Ways
Wrongful Death Burn Injuries. One of the most painful type of injury and death claims I have handled involve burn injuries which can occur in many ways from scalding, electrical fire, oxygen tanks, home and apartment fires. Many of these injuries and death are preventable by compliance with state and federal regulations for construction, electrical systems, medical device use, etc. Minnesota has just amended it wrongful death law to allow for pain and suffering suffering of the deceased as a damage that next of kin can recover. Prior to this change a person could be burnt to death and the pain and suffering was not considered by the jury.
The new law set forth in Minn. Stat. 573.02, Subd.1, states: “the recovery in the action is the amount the jury deems fair and just for all damages suffered by the decedent resulting from the injury prior to the decedent’s death and the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly. Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as provided in section 549.20.”
Experts May Need to Testify About Pain and Suffering
In a serious burn injury case it is important to evaluate the cause of the burns and how it could have been prevented with proper care or compliance. The records need to be reviewed and evidence documented that supports the amount of pain and suffering the victim endured before passing. Generally, the pain is evaluated by levels from 1-10. The medication orders would show the pain medications provided. Often independent expert witnesses testify for both sides about issues such as causation and the injuries and pain suffered as a result. The life expectancy of the deceased absent the neglect can also be an issue.
Contact an Experienced Burn Injury Attorney
If you have concerns about accident which resulted in serious injuries or the death of someone in your family contact attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.