Many burn survivors face the difficult challenge of deciding whether and when to file a lawsuit. Hiring a lawyer can be part of the physical and emotional recovery process for a burn survivor. This article is based on the assumption that the burn survivor carefully selects an attorney who is knowledgeable about burn injuries and will encourage rehabilitation.

PHYSICAL RECOVERY

First, the attorney should assist the survivor in locating and obtaining quality medical and rehabilitative services. Without this help, many insurance companies will attempt to limit the kind, quantity or location of services. If the claim or lawsuit is successful, it can provide the resources to obtain even higher quality rehabilitative and reconstructive services than most insurance companies' policies cover.

EMOTIONAL / PSYCHOLOGICAL RECOVERY

The knowledgeable attorney should serve as a referral source for counselors, self?help groups (such as The Phoenix Society), appropriate literature and other resources.

A critical role in emotional / psychological recovery is the lawyer as "counselor." A significant part of our practice, for example, is spent helping clients work through issues of self?concept, disfigurement, physical challenges and intra?family disputes. A lawyer who is skilled in working with burn survivors can often anticipate the feelings of helplessness, anger, fear and other normal reactions to burn injury. A lawyer's encouragement to return to work, go out in public, and confront whatever special circumstances the survivor faces (such as returning to the place where the accident occurred) can all be helpful.

A less obvious way in which a lawsuit can be helpful is that it provides a constructive way to deal with the facts of the accident. Burn survivors have an intense need to know "what happened?" In order to bring a lawsuit, a lawyer will direct a complete investigation. If the facts show that the burn survivor was not at fault in the accident, that knowledge can be healing. If the investigation shows that the burn survivor was partly or even completely at fault in the accident, this presents the survivor and attorney an opportunity to deal realistically with the guilt and other emotions that follow.

Finally, the movement from "Victim" to "survivor" to "thriver" can be greatly facilitated through the lawsuit. Immediately after being severely injured, a burn survivor can feel truly like a helpless victim. Successfully surviving the accident and then the treatment often helps the burn survivor move from "victim" to "survivor."

A lawsuit can take the next step from a mere "survivor" to a "thriven" Holding the people responsible who caused the injury is enormously empowering. Taking action which will result in safer procedures or products so that other people are not injured is empowering. Using the money from a lawsuit to engage in activities that are joyful is empowering.

TIMING

After carefully selecting an attorney based upon the attorney's experience in working with burn survivors and the rehabilitation process, the survivor should take action as soon as possible. Physical evidence, witnesses and information quickly disappear after an accident. The sooner the attorney can begin the investigation, the more likely is its success. While it is important to hire a lawyer quickly, the timing of when to file a lawsuit itself must take into account several factors. First, the client must have had a sufficient time to deal with the losses and grief following the accident. Second, the client must have had time to recover emotionally to make important decisions in the case. Third, the lawyer must time the lawsuit so it does not become a distraction or, worse yet, an interference with rehabilitation.

Finally, the burn survivor will face the inevitable claim that he or she was partly at?fault (in all but a small number of accidents). Whether there is truth to this allegation or not, the survivor must be in a position to deal with, and where appropriate, refute these allegations. Filing a lawsuit too soon, unless there is some critical reason to do so (such as the statute of limitations), can force the survivor prematurely to have to deal with issues for which he or she may not be ready.

REALISTIC EXPECTATIONS

In helping a burn survivor understand what are realistic expectations of a lawsuit, an experienced burn injury lawyer will face three myths. Myth # 1: that the recovery will be large enough so that the person will feel completely compensated for the injury. Myth #2: that having been compensated, a burn survivor will feel good about the outcome.

Neither of these are true. There simply is not a verdict large enough to make a person who has been seriously burned in an injury feel "fully compensated." Burn injuries and rehabilitation are so painful physically and emotionally that no such number exists. This leads to Myth #3: that when the lawsuit is over, the client will feel good in general. We have been fortunate enough to represent many fine people who were burn survivors and have obtained very large settlements for them. The most common reaction after the case is completed is one of a letdown. After winning the case, or a large settlement (even multi-millions of dollars), the burn survivor feels somewhat empty. This feeling changes over time but the burn survivor must be prepared for this initial "letdown" when the battle is "won."

While the lawsuit may have produced a better recovery in ways described in this article, it does not and cannot return the person to exactly the way he or she was before the accident. While money is important, the most valuable thing an attorney can do in representing a burn survivor is to help with the physical and emotional rehabilitation process.

Editor's Note: This article is the first in a three part series on legal issues relevant to burn survivors. The second article will address questions such as how to find an attorney and the steps involved in a lawsuit. The third article will focus on the American's With Disabilities Act as it relates to burn survivors and what to do if you experience discrimination. The purpose of this series is to provide information to burn survivors who may be contemplating legal action.