Do I have a case?
UPDATED: Sep 30, 2022
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Do I have a case?
Recently, I got second degree burns on my legs from
a too hot liquid that spilled on me. It was completely
over serving temperature. I didn’t go to an urgent
care so I have no medical paperwork, but is this
even something to spend the time filing?
Asked on November 15, 2016 under Personal Injury, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You *may* have a case for liability--i.e. for showing that they are obligated to pay for your injuries--if you can show that the injuries were due to too-hot (inappropriately or unreasonably hot) liquid, which you seem to feel you can show.
But that then leaves the second part of a worthwhile case: damages, or what compensation you are owed. You can only recover compensation for 1) your out-of-pocket (not paid by insurance) medical costs due to the injury; 2) lost wages due to the injury (if any); and 3) for *significant disability or life impairment lasting *many* weaks or longer, some amount for "pain and suffering." The pain and suffering award is usually more or less proportionare or related to the medical costs: if the injury was not serious incur to large medical costs, there will likely be little in the way of pain and suffering compensation.
At the same time, if you have to sue (i.e. if they don't voluntarily offer you compensation), you'd have to hire a medical expert (i.e. doctor) to testify as to your injuries and the treatment of, and hiring such an expert can be expensive. Therefore, if you--as we hope--have recovered well, with no lasting detriment and did not occur large medical costs, then it would not be worth taking legal action.
If you did incur large costs or suffered lasting disability, significant scarring, etc., it would be worthwhile to consult with a personal injury attorney about your case (many such attorneys will provide a free initial consultation; you can inquire into this before making the appointment), to see if it's worth pursuing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.