Can I Sue for a Burn Injury?

Burn injuries can be among the most painful and debilitating types of injuries a person can experience. Beyond the physical pain and suffering, they often lead to extensive medical bills, long-term rehabilitation, and, in some cases, permanent disability.

If you or a loved one has suffered a burn injury in New York due to the negligence of another party, it's crucial to understand your legal rights to compensation. Our burn injury lawyers are here to guide you through the process and help you seek the justice and financial support you deserve.

This article will explore various types of burn injuries, the different forms of compensation available, and the legal aspects involved in seeking justice.

Who Can I Hold Legally Responsible for My Burn Injury?

Burn injuries can occur in many situations, and liability for these injuries may fall on different parties, depending on the specific circumstances. Common parties that are often liable for burn injuries include:

• Employers: In workplace settings, employers must maintain safe working conditions — negligence by an employer, such as inadequate safety measures or training, can lead to injuries.
• Property Owners: Burn injuries can occur on privately owned property due to issues like faulty wiring, unsafe conditions, or lack of warning signs.
• Motorists: A car accident can result in burns if there's a fuel leak or a vehicle catches fire; drivers who cause accidents due to negligence can be held liable for burn injuries.
• Government Entities: In some cases, injured persons can seek remuneration for burn injuries that result from government negligence, such as poorly maintained roads or infrastructure.

Understanding who might be responsible is crucial when pursuing a burn injury claim. The experienced burn injury lawyers at Jacob D. Fuchsberg Law Firm can analyze the facts of your case to pinpoint liability.

Degrees of Burn Injuries

Burn injuries are classified into different degrees based on their severity. Understanding these degrees is essential when assessing the extent of your injury and whether you can pursue legal action. For example, can you sue for a second-degree burn? What about a third-degree burn?

The degrees of burn injuries include:

First-Degree Burns

First-degree burns are generally mild (think of a bad sunburn) and heal quickly and therefore may not lead to legal action or substantial compensation. They're often considered minor injuries in legal terms.

Second-Degree Burns

Sustaining second-degree burns can result in significant medical expenses. If someone else's negligence is the cause, you may be eligible for more substantial compensation. It's important to maintain thorough records of your expenses to calculate potential damages accurately.

Third-Degree Burns

Third-degree burns often result in long-term effects and severe injuries. As a result, settlements for these types of burns tend to be larger. Compensation will likely address the ongoing physical and emotional impact of the injuries, as well as basic medical costs.

Fourth-Degree Burns

Fourth-degree burns are incredibly severe and can even be fatal.

In such cases, compensation may encompass medical expenses incurred before the victim's passing and consider the pain and suffering endured. Non-economic damages may also be awarded to dependents of the deceased, taking into account the emotional distress experienced by the surviving family members.

The total amount of damages awarded in injury lawsuits often correlates to the severity of the harm sustained. For instance, a claimant will usually receive far less for a first-degree burn than a third-degree burn.

Common Causes of Burn Injuries

Burn injuries can have numerous causes, each of which comes with unique challenges and legal considerations. Some of the most common causes of burn injuries include:

• Fire: Fires in homes, workplaces, or public spaces can produce severe thermal burns due to direct contact with flames, hot air, or gases.
• Hot Metal: Burns from contact with hot metal surfaces, machinery, or objects are common in workplace accidents in industrial settings.
• Scalding Liquids: Scalds from hot liquids like boiling water, oil, or coffee can result in painful burns, particularly in children and the elderly.
• Chemicals: Exposure to corrosive substances, including acids and alkalis, can lead to chemical burns; these often occur in laboratories, factories, or accidents involving hazardous materials.
• Electricity: Electrical burns occur when an electric current passes through the body, often causing hidden injuries due to deep tissue damage.

The cause of a particular type of burn will often impact its severity and therefore the expected settlement compensation available for the injury.

Damages Can You Claim in a NY Burn Injury Case

If you've suffered a burn injury due to another party's negligence, you have the right to file a personal injury claim to pursue various damages. There are several possible types of compensation available in burn cases:

• Medical Expenses: This includes the cost of initial medical treatment, surgeries, hospitalization, and medication, as well as ongoing medical care or rehabilitation.
• Lost Wages: If you have serious injuries that prevent you from working, you may be entitled to compensation for lost income.
• Loss of Earning Capacity: If the burn incident results in disability or disfigurement that impacts your ability to earn income in the future, you can claim compensation for your reduced earning capacity.
• Physical Pain and Suffering: You can seek burn injury compensation for the physical pain and emotional suffering you've endured.
• Emotional Distress: Severe burn injuries can have a significant psychological impact; compensation may cover the mental and emotional anguish you've experienced.
• Mental Health Counseling Costs: If you've required counseling or therapy to cope with the emotional trauma of your injuries, you can include these costs in your claim.
• Permanent Scarring, Disfigurement, and/or Disability: Compensation can address the long-term physical consequences of burn injuries, including scarring, disfigurement, or permanent disability.
• Loss of Enjoyment of Life: Burn injuries can limit your ability to enjoy various activities and pursuits, in which case you may seek compensation for loss of quality of life.
• Loss of Consortium: In cases where burn injuries affect your relationship with a spouse or partner, you may claim compensation for loss of consortium.

When you retain the services of a burn injury attorney, they’ll try to maximize the value of your claim by filing for as many types of damages as you’re legally eligible to receive.

Legal Considerations for Burn Injuries

If you've suffered a burn injury due to the negligence or misconduct of another, you have the right to seek compensation. Here are some important legal considerations when pursuing a burn injury claim.

1. Liability

Establishing liability is a crucial first step in seeking compensation for any type of injury. To prove liability and secure burn injury damages, you must demonstrate the following:

• The responsible party owed you a duty of care (e.g., a manufacturer's duty to produce safe products or a property owner's duty to maintain a safe environment).
• The responsible party breached that duty of care through negligent actions or misconduct.
• The breach of duty directly caused your burn injury.

For example, if a plaintiff suffered a thermal burn in a restaurant due to a defective stove, they could hold the restaurant owner or equipment manufacturer liable for their injuries.

2. Loss

Next, you must provide evidence of the losses you've incurred due to your injuries. Examples of loss include medical costs, pain and suffering, lost income, disability, disfigurement, and property damage. All of these categories of loss can contribute to the overall compensation you stand to claim.

3. Statute of Limitations

It's crucial to be aware of the statute of limitations in your jurisdiction when pursuing a burn injury claim. The statute of limitations sets a specific time frame to file a lawsuit after an injury occurs. Failure to file within this period can result in the loss of your right to seek compensation.

The statute of limitations for most personal injuries stemming from negligence is three years from the date of the initial incident. Consult an experienced burn injury attorney to make sure you meet the filing deadline.

4. Settlement vs. Trial

When pursuing a burn injury claim, you and your attorney will need to decide whether to seek a settlement or take the case to trial to recover compensation. Both options have their advantages and drawbacks.

In many cases, defendants or their insurance companies will offer a settlement to avoid the uncertainties and costs associated with a trial. This can ensure quicker resolution and guaranteed compensation, but the average settlement amount is substantially lower than what you could potentially win at trial.

If a fair settlement can't be reached, your case may proceed to trial. Trials can be lengthy and expensive, but they give you the opportunity to present your case before a judge and jury, who will decide the outcome.

Your attorney will help you weigh the pros and cons of each option and offer guidance based on your specific circumstances.

How Burn Injury Settlements Are Calculated

Calculating burn injury damages involves assessing the various losses you've incurred and negotiating with the responsible party or their insurance company. The settlement amount will frequently reflect the following factors:

• Current and anticipated medical expenses
• Lost income
• Pain and suffering
• Disability and disfigurement
• Extent of liability

It's also worth noting that the coverage available on the responsible party's insurance policy can limit the maximum settlement amount. Personal injury law firms have ample experience accurately calculating damages for burn injury settlements.

Legal Assistance for Burn Injury Cases

Handling the legal aftermath of a burn injury can be challenging, which is why it's critical to have an experienced burn injury lawyer on your side. Here's how a burn injury attorney from Jacob D. Fuchsberg Law Firm can assist you.

1. Gathering Evidence

Your attorney will help collect and preserve evidence related to your burn injury, including medical records, witness statements, accident reports, and any expert opinions needed to prove liability.

2. Determining Liability

Next, your lawyer will investigate the circumstances surrounding your accident to identify potentially liable parties. This may involve consulting with experts in various fields to establish negligence.

3. Calculating Damages

An experienced burn injury lawyer can assess the full extent of your damages, including current and future medical costs, lost income, pain and suffering, and more. This evaluation will be crucial for pursuing a fair settlement or presenting your case in court.

4. Negotiating with Insurance Companies

Many burn injury cases involve back-and-forth negotiations with the insurance companies representing the responsible party. Your attorney will handle these interactions on your behalf to secure the best possible outcome.

5. Preparing for Trial

Your attorney may be unable to reach a favorable burn injury settlement with the at-fault party's insurer. If that’s the case, they'll prepare your case for trial by gathering additional evidence, identifying expert witnesses, and formulating a compelling argument to present in court.

6. Providing Legal Counsel

Throughout the process, your personal injury attorney will be there to offer reliable legal counsel and guidance, answering your questions and making sure you fully understand your rights and options.

7. Advocating for Your Interests

Your attorney's primary goal is to secure the compensation you deserve for your burn injury. They'll use their legal knowledge to work toward your best interests, whether through negotiation or litigation.

8. Handling Legal Procedures

Settlements and trials can be complex proceedings, with lots of paperwork, deadlines, and court appearances involved. Your attorney will oversee all of these tasks to ensure that your case proceeds smoothly and efficiently.

9. Offering Emotional Support

Dealing with the aftermath of a burn injury can be emotionally challenging. Your attorney can provide valuable emotional support and connect you with resources to help you cope with the lasting psychological impact of your injury.

What to Know About Fatal Burn Injury Claims

In severe cases where burn injuries tragically lead to fatality, the surviving family members may have the right to pursue a wrongful death claim.

Such claims seek compensation for the loss of a loved one. They’re intended to cover funeral expenses, lost financial support, and the emotional toll on grieving relatives and dependents who are left to carry on.