Both your physical and emotional health can be severely harmed by burn injuries. Recovery is sometimes time-consuming, difficult, and costly, especially if the burn is severe. If you've suffered a burn injury as a result of a workplace accident, car accident, or electrical mishap and believe someone else is to blame, you may be able to seek compensation for your losses.
Following the injury, you may find it difficult to heal. With so many trips to the doctor's office, the last thing on your mind should be a long, drawn-out battle with the insurance company.
Contact a Long Island burn injury lawyer at the Law Office of Carl Maltese if you would like to speak with someone about whether you have a foundation for a personal injury lawsuit. We'll look into the case and make sure you get the exact amount of compensation you deserve for the medical bills, pain and suffering, and lost wages.
What Compensation Are You Entitled to for Burn Injuries?
Burn injuries are considered a "serious injury" under New York insurance law, allowing the victim to file a negligence tort claim against the responsible party. One can recover all of their lawful damages in a tort claim, including future and past medical expenditures, lost wages or incapacity, pain and suffering, etc. Furthermore, one of the injuries that surpasses the serious injury barrier and takes a person out of New York's no-fault system, where recoveries are restricted and cases are barred, is "significant disfigurement." Other criteria might be met following a burn injury, even if there is no major disfigurement, allowing one to file a civil claim.
A Long Island burn injury lawyer from the Law Office of Carl Maltese is familiar with the requirements and impact of all types of severe burns. Our legal team works tirelessly with the doctors and family of the victim to build a personal injury case for damages, including:
Pain and suffering
Nerve damage or reduced mobility
Scarring and disfigurement
Loss of enjoyment of life
Hospital and medical bills
Reconstructive surgery and skin grafts
Lost wages and lost future earning
The Cost of a Serious Burn Injury
Because burns are among the most difficult injuries to properly heal from, burn injury treatment can be very costly. These injuries frequently cause such severe trauma that a person's life is irrevocably altered.
A burn injury caused by a fire, explosion, or chemical exposure can necessitate a lengthy hospital stay as well as months of follow-up therapy. Pain can last for a long time, even after it has healed, particularly if there has been considerable nerve damage.
Furthermore, repairing one's appearance after permanent disfigurement or unattractive burn scars can necessitate extremely costly plastic surgery and skin transplants. One should not have to pay these fees if they are not at fault for the burn injuries.
When faced with the hardships of a significant burn injury, the best approach to guarantee that the victim's needs are addressed and their rights are fully protected is to call a Long Island burn injury lawyer who has experience obtaining evidence and demonstrating fault.
Who Bears Liability and Fault for the Losses?
Here are two crucial points to remember:
The injuries were caused by the at-fault party. A property owner or manager, a product maker, a nursing home staff, or a driver are all examples of this type of party.
In the scenario, the accountable party is responsible for the damages; for example, if someone was burned in their apartment owing to an uncontrolled water heater, the apartment building's insurer would cover the damages.
We can use the information in the case to determine who is to blame for the injury-related damages. Medical records, incident reports, and witness testimony could all be used as evidence in the case.
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Alex Maltese and his firm are first class and they always made you feel as if you were their only client. The communication was always timely, professional and courteous. I can't thank them enough.
- Dina V.
You always know that the entire staff truly cares. I am extremely pleased with my settlement and thankful that they helped make an unpleasant experience more than bearable.
- John D.
Alex Maltese is a professional and compassionate attorney. I never felt as if I was a burden. He always answered my questions in a timely manner. The attorneys and staff are accommodating.
- Alex D.
What Are the Different Types of Burns and Burn Injury Complications?
Burns are frequently classed according to their depth and severity. The classes are as follows:
First Degree Burns
Only the outer layer of skin (epidermis) is affected by first-degree burns, which causes the skin to turn red and it is extremely painful. A first-degree burn has a dry appearance, may resemble a sunburn, and takes approximately three to five days to heal.
Second Degree Burns
The entire epidermis and a portion of the dermis (the part of the skin that has nerve endings, blood capillaries, sweat glands, and hair follicles) are burned in second-degree burns. When a partial thickness burn occurs, it is typically red or pink in color, exceedingly painful, and blanches when pressure is applied. When a second-degree burn has fully developed, sensation in the affected area is often reduced, and blanching is nearly non-existent. Grafting may be required for a second-degree burn. When grafting is not required, the recovery duration ranges from 10 to 21 days (with minor scarring).
Third Degree Burns
Third-degree burns are the most serious, as they damage not only all the layers of one's skin but also subcutaneous tissue. The burned areas are typically black, dry, and leathery in feel. With this form of burn, there is no blanching. Because of the nerve damage produced by third-degree burns, burn injury victims rarely experience pain at the site. There will be scarring involved when it comes to a third-degree burn.
Fourth Degree Burns
These are the most serious types of burns. Fat, muscles, tendons, and even bones are generally injured, as are all layers of the skin. Generally, extensive skin grafts are needed, and burn injury victims are frequently left with some degree of disability. It's possible that the damaged portion will need to be amputated.
Based on the intensity of the damage, the percentage of the body burned, and a variety of other circumstances, many burn victims develop difficulties as a result of their injury. Burn sufferers may experience issues such as:
Sepsis and other bacterial infection
Low blood volume
Limited mobility of joints and bones
Various burn injuries and complications are so serious that they prove fatal.
Do Burn Injuries Reduce One's Quality of Life?
One should be compensated for both financial and non-financial damages. A burn injury can have a significant negative impact on one's quality of life, which should be addressed in the personal injury claim.
The burn damage, for instance, may have an impact on how people interact socially. Spending time with friends or even family may make one feel more self-conscious. One might also sense a change in their self-esteem and conclude that staying at home alone is preferable to dealing with stares and queries.
Severe burns can also make one lose interest in activities they used to love, and it can even make it difficult for people to operate independently.
Although these damages are not pecuniary in nature, they must nonetheless be reimbursed. A burn lawyer will work hard to get clients the most money possible under the law.
What Are the Common Causes of Burn Injuries?
A person can suffer serious burn injuries due to a multitude of factors. The following are some of the most common causes of severe burns:
Car accidents - explosions, fires, steam burns, and chemical burns
Workplace accidents - Chemical burns, explosions, thermal burns, and electrical burns
Premises liability - explosions, apartment fires, scalding water, chemical spills, and malfunctions in electrical systems
Our legal team is experienced at identifying the actions that may have been avoided and resulted in a burn injury. One client, for example, was severely burned by hot water in the shower. Our research discovered that the water heater in the apartment complex was set to an excessively high temperature, in violation of city construction codes.
Open Flames, Hot Liquids, or Hot Surfaces
Thermal burns are caused by contact with open flames, hot liquids, or hot surfaces. The following are a few instances of frequent thermal burns:
Hot showers or tea kettles can cause scalding injuries.
Burns from grease and curling irons
Scarring and deformity are common side effects of thermal burns. If the injuries result in a permanent change to one's physical appearance, they may be eligible for compensation.
Exposure to Electrical Discharge and High-voltage Electrical Currents
Electrical burns are a common hazard for electric utility and construction employees due to incomplete work sites as well as construction equipment. Furthermore, electrical burns can cause nerve damage, scarring, and even stop one's heart from beating normally.
Exposure to Toxic Gases or Liquids
Several chemicals have the potential to damage the skin and cause excruciating agony. If some chemicals are spilled, the person may get breathing issues, toxic shock, or secondary illnesses, including cancer.
What Happens if You Were At-fault for the Burn Injury?
A burn injury claim could result in a large sum of money being awarded. New York, on the other hand, has a comparative negligence statute. As a result, if someone is found to be at fault for their injuries, their final reward may be reduced. Consider the case below:
Joe was burned as a result of a collision.
Joe was responsible for 20% of the accident, while the other side was responsible for 80%.
Joe's losses totaled $100,000.
Joe could only recover $80,000 because he was responsible for 20% of the accident.
We can figure out who is to blame for the medical bills so that you can get reasonable compensation.
What Is the Statute of Limitations for Burn Injuries in Long Island?
People have three years under CPLR 214 to launch an injury case. Most personal injury lawsuits are subject to this statute of limitations; however, according to GMU 50-E, a claim against a government organization or agency might have a substantially shorter deadline.
Why Should You Hire the Law Office of Carl Maltese for Burn Injuries?
At first glance, a burn injury claim may appear straightforward, and another person may appear to be entirely to blame. However, a personal injury lawsuit can be complicated by a variety of variables, and burn injuries frequently result in considerable losses. One may lack the legal knowledge and experience required to handle a claim, but we have it all.
A few of the reasons why you should hire a burn injury lawyer from our firm include:
We Have a Proven Track Record and Experience
The lawyers at our legal office have years of experience resolving personal injury cases. Our Long Island lawyers aren't hesitant to take matters to trial. In reality, through litigation, we have been able to obtain maximum compensation for our clients.
We Value Our Attorney-Client Relationship
Our attorneys are familiar with the New York court system and have a reputation for providing the most thorough legal defense. We are happy to have created a client base based on referrals from former customers.
We Consult With a Variety of Experts
On our clients' cases, we engage with private detectives, safety experts, independent researchers, expert witnesses, and engineers. Even if we have a thorough understanding of state legislation, we may require additional medical or technical information. These experts assist us in filling in the blanks in our knowledge.
Contact Our Experienced Burn Injury Lawyers Today!
Burn injuries are among the most excruciating injuries to suffer, and they frequently leave permanent scars, disfigurement, incapacity, and deep psychological and emotional traumas on their victims. Burn victims need extensive medical treatment, rehabilitation, and continuous emotional and medical care.
Furthermore, burn injuries are notorious for taking a long time to heal. Anxiety, nightmares, depression, and other post-traumatic effects affect both adults and children, particularly when they are in chronic pain or have been seriously deformed.
While we pursue long-term compensation for burn injury victims, we are here to help with day-to-day legal concerns and inconveniences. Call us for a free consultation, or send us an email, and we'll get back to you as soon as possible.