Burn Injury FAQs

Georgia recognizes loss of consortium claims, which compensate a spouse for the loss of companionship, affection, and services resulting from a partner’s catastrophic injury. Parents and children may also have claims in appropriate circumstances. In wrongful death cases, the full value of the decedent’s life encompasses both the economic and the profoundly human loss to the surviving family.

Say as little as possible and contact a burn injury attorney before giving any recorded statement. Insurance adjusters are trained to extract admissions that can be used to minimize or deny your claim. Do not discuss fault, your medical history, your prior injuries, or the details of the incident. Politely decline and say your attorney will be in touch. Call HBLG immediately at 844-HAUG LAW

Georgia generally does not cap compensatory damages in personal injury cases. Punitive damages are capped at $250,000 in most cases, though exceptions apply when the defendant acted with specific intent to harm or was under the influence of alcohol or drugs. There is no cap on economic or non-economic damages such as pain and suffering in standard tort cases. Medical malpractice cases have separate rules.

This is a critical issue our firm addresses in every case. We investigate all available insurance coverage, including the at-fault party’s liability policy, umbrella policies, your own underinsured motorist (UM/UIM) coverage, homeowner’s or renter’s insurance, and employer liability coverage. In product defect cases, large manufacturers typically carry substantial insurance. We leave no potential source of recovery unexplored.

Yes. If another driver’s negligence — or the negligence of a trucking company, government entity responsible for road safety, or vehicle manufacturer — caused a collision resulting in a fire and burn injuries, you have the right to file a Georgia personal injury or wrongful death claim. Fuel system defects, gas tank explosions, and post-collision fires are separate grounds for claims against vehicle manufacturers.

Georgia does not have a fixed formula for pain and suffering. Juries consider the severity of the injury, the duration of the pain, the nature and number of surgeries required, visible disfigurement, psychological consequences (including PTSD and depression), and the impact on the victim’s daily life. Experienced trial attorneys like those at HBLG present this evidence powerfully to juries and in settlement negotiations.

Absolutely. Georgia’s products liability statute (O.C.G.A. § 51-1-11) allows burn victims to pursue claims against the manufacturer, distributor, and seller of a defective product. This includes defective appliances, vehicles with faulty fuel systems, lithium-ion batteries, chemical products without proper warnings, and many other consumer and industrial products. These are often strong cases because strict liability — not just negligence — may apply.

A family member or appointed guardian can act on behalf of an incapacitated burn victim. Our firm works directly with guardians, conservators, and next of kin to ensure that the injured person’s rights are fully protected and that the statute of limitations is not missed while they are receiving treatment.

Yes, in many situations. While workers’ compensation is the primary remedy for workplace injuries in Georgia, you may still file a personal injury lawsuit against a negligent third party — such as the manufacturer of a defective piece of equipment, a chemical supplier, a contractor, or a property owner. In cases of intentional conduct by an employer, additional remedies may apply. Our attorneys analyze every workplace burn case for third-party liability.

The value of a Georgia burn injury case depends on the severity of the burns, the long-term medical treatment required, the impact on your ability to work, and the degree of pain and disfigurement you have suffered. Third and fourth-degree burns with permanent scarring, amputation, or disability regularly result in seven-figure settlements and verdicts. Second-degree burns with significant scarring and emotional trauma can still produce substantial recoveries. Our burn injury attorneys provide a thorough, case-specific evaluation in every free consultation.

Many cases resolve through settlement, but strong results often depend on:

• Thorough investigation
  
• Preservation of evidence
  
• Expert medical opinions
  
• Willingness to litigate
  

Corporations take claims more seriously when they know the injured person is represented by a trial-ready law firm.

In most cases, you have two years from the date of injury to file a lawsuit.

There are exceptions in certain cases, so it is important to speak with a lawyer as soon as possible.

You may be entitled to compensation for:

• Emergency room treatment
  
• Hospitalization
  
• Skin graft surgery
  
• Scar revision procedures
  
• Lost wages
  
• Pain and suffering
  
• Permanent scarring or disfigurement
  
• Emotional distress
  

Severe burn cases often involve long-term medical and cosmetic treatment.

Georgia follows a modified comparative negligence rule.

You may still recover compensation as long as you were less than 50% at fault.

For example:

• If a lid was loose and popped off
  
• If the cup collapsed
  
• If the drink was overfilled
  
• If the drive-thru handoff was careless
  

Even if you partially contributed, you may still have a valid claim.

Burn risk increases dramatically above 160°F.

Many commercial coffee providers serve coffee between 180–205°F, which can cause severe burns almost instantly.

Each case requires investigation into:

• Corporate temperature policies
  
• Industry standards
  

Expert testimony regarding burn risk

Yes — but that does not excuse serving coffee at temperatures capable of causing third-degree burns in seconds.

Georgia law does not protect companies that:

• Serve products at unnecessarily dangerous temperatures
  
• Ignore prior burn complaints
  
• Use defective packaging
  

The legal question is whether the temperature and handling were unreasonably dangerous, not whether coffee is generally hot.

Yes — if the company acted negligently.

You may have a claim if:

• The coffee was served at an unreasonably dangerous temperature
  
• The lid was not properly secured
  
• The cup was defective
  
• The employee mishandled the drink
  
• The company failed to warn about extreme temperatures
  

Large corporations can be held accountable under Georgia negligence and product liability laws.