Burn injuries are among the most painful and disfiguring traumas in personal injury law. They typically require dedicated burn-center care, multiple surgeries, scar revision, and lifelong rehabilitation. The visible nature of severe burns also creates psychological trauma. If you or a loved one suffered a burn injury in Delaware due to negligence or a defective product, you may be entitled to seek compensation for medical costs, future care, lost income, and pain and suffering.
Joseph M. Jachetti, licensed in Delaware since December 1998 (Delaware Bar #003744), has experience handling burn injury cases. His 10-year prior career as an insurance claims adjuster informs how he documents the long-term costs of burn rehabilitation and pushes back against carriers seeking quick low settlements.
How Burn Injury Cases Happen in Delaware
Burn injury sources in Delaware include house and apartment fires (often from electrical or appliance defects), industrial chemical exposures at facilities along the Delaware River, restaurant and kitchen accidents, scalding from defective consumer products, electrical contact, and motor vehicle fires after crashes. Joseph has handled cases throughout New Castle, Kent, and Sussex Counties.
Burn Degree Classification
- First-degree (superficial) โ affects only the epidermis, similar to sunburn, generally heals without scarring
- Second-degree (partial thickness) โ extends into the dermis, blistering, may scar
- Third-degree (full thickness) โ destroys epidermis and dermis, requires skin grafts
- Fourth-degree โ extends through skin into muscle, tendon, or bone
Types of Burns
- Thermal burns from flame, hot liquid, or contact with hot surfaces
- Chemical burns from acid, alkali, or industrial chemicals
- Electrical burns from contact with current
- Radiation burns including severe sunburn from defective products
- Friction burns
- Inhalation injuries to the airway from hot gases or smoke
Long-Term Consequences
- Permanent scarring and disfigurement
- Contractures limiting joint motion
- Chronic pain
- Sensitivity to temperature
- Increased risk of skin cancer in scar tissue
- Psychological trauma and PTSD
- Multiple revision surgeries over years
- Pressure garment use for months or years
Who May Be Liable
Defendants depend on the cause: a property owner in a building fire (especially landlords with code violations), a manufacturer of a defective product (heater, appliance, vehicle), an industrial employer or contractor in a workplace incident, a chemical company in an exposure case, or a utility in an electrical contact case. Workers compensation applies to on-the-job burns, but third-party claims may also be available against equipment makers, chemical suppliers, or other contractors.
How Delaware Law Applies
The general personal injury statute of limitations is two years under 10 Del. C. section 8119. Delaware applies modified comparative negligence under 10 Del. C. section 8132. Workers compensation under 19 Del. C. chapter 23 covers occupational burns including specific scheduled benefits for permanent disfigurement under 19 Del. C. section 2326. Product liability claims are governed by Delaware common law and the Uniform Commercial Code.
Damages You May Be Able to Pursue
- Burn-center hospitalization and surgical costs
- Skin grafts and revision surgeries
- Scar treatment including laser therapy
- Pressure garments and rehabilitation
- Psychological counseling
- Lost wages and lost earning capacity
- Pain and suffering
- Disfigurement
- Loss of life enjoyment
- Loss of consortium
- Wrongful death damages
How Insurance Companies Handle These Claims
Joseph Jachetti’s 10-year background as an insurance adjuster informs how carriers handle burn injury claims. Insurers often dispute the full cost of future care including planned revision surgeries, argue that scarring will fade more than treating providers project, dispute psychological injury claims, and push quick settlements before the full course of treatment is complete. Burn cases require careful future-care planning by qualified medical professionals.
Steps to Take After a Burn Injury
- Seek immediate emergency care, ideally at a verified burn center.
- Preserve evidence of the incident: photographs, defective product, packaging.
- Identify witnesses and obtain contact information.
- Document the source of the burn (chemical name, product brand and model).
- Maintain records of all treatment, surgeries, and rehabilitation.
- Photograph the burn and scarring progression over time.
- Decline recorded statements with insurance representatives.
- Contact Schuster Jachetti LLP for a free consultation.
Frequently Asked Questions
What is a burn-center?
A dedicated facility for severe burn care. The American Burn Association maintains a list of verified centers. Major regional centers include hospitals in Philadelphia and Baltimore.
How is disfigurement valued?
Disfigurement damages depend on burn location, severity, age, occupation, and impact on daily life. Documentation through photographs and qualified medical professional opinion supports these claims.
What if a defective product caused my burn?
Product liability claims may proceed under theories of design defect, manufacturing defect, or failure to warn. Preserving the product is essential.
Are burn cases settled or tried?
Most cases settle, but severe burn cases often involve substantial future-care costs that require careful documentation before resolution. Trial preparation may strengthen settlement leverage.
How long do burn cases take?
Burn cases often take 18 to 36 months because treatment, revision surgeries, and final scar evaluation must be documented before resolution.
Schuster Jachetti LLP Serves Delaware Clients Statewide
Wilmington (302) 966-8684, Smyrna (302) 775-0728, Georgetown (302) 877-9524, Lewes (302) 527-9513. Sitewide: (302) 984-1000.
Talk to a Delaware Burn Injury Lawyer Today
Free Consultation
Free consultation. No fee unless we recover compensation for you.
๐ Call (302) 984-1000This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
๐ Call (302) 984-1000This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.