Choose a Top New York Fire Accident Lawyer
Burn injuries can be severe and excruciating. They also often require long, costly medical treatment. The attorneys at Parker Waichman LLP understand that you have suffered in many ways because of your burn injuries, and we want to help you seek justice for the harm inflicted upon you by someone else’s negligent conduct. Whether you have been burned in a fire or explosion or due to a chemical reaction, our lawyers recognize that you are dealing with a severe injury that has taken a significant toll on your life. We have extensive background prosecuting these cases and can secure the compensation you need to cover medical expenses, time off from work, and more.
Work With an Experienced New York Burn Injury Attorney
Our New York law firm has long advocated for people dealing with the painful effects of fire and burn injuries, and we have achieved results that help victims and their families move forward. Throughout our decades of helping people, we have earned a reputation for compassionate, effective legal guidance. Our colleagues and clients have given Parker Waichman nationwide recognition in the form of numerous honors, including:
- A rating of 9.8 (out of a possible 10) from AVVO
- A rating of “AV Preeminent” from Martindale-Hubbell
- The highest honor of “5 Dragons” from Lawdragon
- A listing in Best Lawyers
If you have been injured in a fire-related accident, you need lawyers you can trust who will fight for your right to compensation. Contact a New York burn injury lawyer at Parker Waichman today to talk to us about why so many families have trusted us to advocate for them in the face of horrific injuries.
Causes of Burn Injuries
Many people think of a house or building fire as the primary cause of burn injuries, but they can occur in many different situations. In our practice representing burn victims, we have litigated cases involving:
- Vehicle Crashes: During the impact of a vehicle crash, a fire can ignite or an explosion can occur. Drivers and passengers are at risk of burn injuries when this happens, especially if they are trapped in the vehicle when it catches on fire. If the crash occurred because of someone else’s negligence, you have the right to file a lawsuit to seek compensation for your injuries.
- Construction Accidents: On a construction site, workers are often performing their jobs around exposed wiring and incomplete gas lines and working with flammable materials. Fires and explosions can quickly occur and get out of hand, leaving workers at risk for serious burn injuries. When workers are burned because of a dangerous condition at the construction site, they can seek compensation under New York law in a lawsuit against the project owner, manager or contractor.
- Premises Accidents: Business/premises patrons and guests can be burned if owners have not properly installed or maintained wiring, heating or hot water or have not taken appropriate steps to protect people from a dangerous fire or burn hazard. Victims then have the right to seek compensation from premises owners.
- Chemical Mishaps: If you come into contact with dangerous chemicals, like acids or alkalis, at work or because of someone else’s carelessness, you can suffer significant burn injuries. A burn injury attorney can assist you in the pursuit of compensatory damages for the ways you have been affected by a chemical burn.
- Defective Products: Faulty products can carry risks of catching fire, exploding or releasing harmful substances that cause burn injuries. Some examples include defective radiators, cell phones, batteries, e-cigarettes, and water heaters. If you have been burned because of a defect in a product, you have the right to sue the product manufacturer to recover damages for your injuries.
Parker Waichman has seen numerous types of burn cases, and we understand how New York law applies to each one. Our attorneys take on some of the most complex cases with severe injuries and fight tirelessly for victims to receive justice. Contact our offices today to find out more about the ways in which burn injuries can occur and how an experienced New York burn injury attorney can help you and your family.
Types of Burns: What Do the Different Burn Degrees Mean?
Burn injuries are categorized by degree based on the severity of the burn. The degrees range from one to three (or sometimes four), with one being the least severe.
- First Degree: A first-degree burn harms the epidermis, the top layer of a person’s skin. These burns occur from very brief exposure to a substance or surface that superficially burns the skin. First-degree burns will usually result in pain, redness, a stinging sensation, and a slight tightening of the skin. Treatment for these types of burns usually requires a compress and aloe or burn cream.
- Second Degree: Second-degree burns affect the epidermis and the dermis, which is the layer of skin underneath the epidermis. These are more serious injuries that result from longer exposure or contact with a hotter or more caustic substance/surface. People who experience second-degree burns might see a wound along with experiencing redness, blistering, skin tightening, and pain. Depending on the specific nature of these burns, they might be treatable at home, but most will require medical attention.
- Third Degree: Third-degree burns penetrate all layers of the skin and cause damage to the underlying tissue. These are very serious burns that cause severe wounds and will require skin grafting to repair. The skin might appear white or black, and people with these burns may experience either extreme pain or minimal pain because of shock or damage to the nerves.
- Some medical professionals and medical literature recognize a fourth category of burns: fourth-degree burns. This type of burn is not universally recognized, but when it is, it includes the most serious burns. Burns of this type might involve damage to a person’s muscle or even to the bone.
Regardless of the severity, burn injuries affect people physically, emotionally, and mentally. Treatment can be grueling and extremely painful, and victims are often left with permanent scars. Victims of severe burn injuries will experience lifelong disfigurement and struggle to maintain the health of their skin. The skin they are left with may be rigid, dry, and painful.
The attorneys at Parker Waichman are passionate about helping burn victims receive the compensation they need. When your life has been changed by an injury such as a severe burn, you deserve the best legal outcome possible. A compassionate New York lawyer for fire and burn injury victims at our firm will make sure your voice is heard and fight for the recovery you need to pay for medical treatment and compensate you for your pain and suffering. Contact our law firm today to find out more about how we can achieve the results you need.
The Statute of Limitations Considerations
When you are about to file a burn injury case in the state of New York, you need to be sure you are still within the period allowed under state law. This time limit is called the statute of limitations. Statutes of limitations are time restrictions set by law that will completely bar your case if you do not file in time. If the statute of limitations on your potential claim has passed, you cannot ever file your claim in court.
Every state has enacted statutes of limitations on court cases, and they differ depending on the kind of claim and the injuries involved. It might seem unfair for plaintiffs to have these strict timelines for filing, but statutes of limitations can ensure the reliability of evidence for trial. The faster someone files a claim, the more likely it is that their witnesses will have fresh memories of what happened and that they will be able to access records and documents needed for trial. But as more time passes, it gets easier to forget details and lose important documents.
In New York, plaintiffs generally have three years to file personal injury cases, including many burn injury cases. Under this three-year statute of limitations, your time to file usually begins running on the day of the negligent act. However, in some cases, it can be challenging to figure out exactly when this act took place or to isolate a single act that caused a person’s injuries. The time limit can also change if a person died from their injuries and the family members desire to file a wrongful death case.
Because of the number of factors that can influence a person’s statute of limitations, it’s very important that you hire an experienced New York personal injury lawyer to investigate your claims and determine the correct statute of limitations for your case. The attorneys at Parker Waichman are extremely knowledgeable about New York law and how it applies to burn injury cases, and we will perform a thorough review of your claim up front to be sure you have enough time to file a strong case in court. Call our firm today to discuss your potential case and to find out more information about New York’s statute of limitations.
Building a Successful Burn Injury Case in New York
A burn injury case in New York will usually be based upon general principles of negligence. This means that when we file your burn injury claim, your petition for damages will allege four basic case elements that we must prove through your litigation:
- The defendant owed you or your loved one a duty of reasonable care.
- The defendant breached that duty of care.
- You suffered harm.
- Your harm was caused by the defendant’s negligence.
The strategies we use for your individual case will depend on the particular facts of your case, including the way in which you were burned (how and because of whom/what) and the type of burn injury you suffered. In every case, however, we will need to establish that the defendant owed you a duty to use reasonable care. That sounds like an odd legal phrase, but it essentially means that we have to prove that the defendant was obligated to behave in a certain way so you would not be harmed. For instance, if you are shopping at a store, the owner of that store has an obligation to all customers, including you, to maintain a safe store. That is an established duty of care.
When we prove that the defendant was obligated to act in a certain way, we then have to prove that the defendant did not, in fact, act in that way. This is called breach of the duty of care. If you were burned while shopping at a store, for instance, we have to prove that the store owner ignored or overlooked a dangerous condition on the premises. Perhaps the store owner knew the store’s wiring was out of code but hadn’t been willing to spend the money to fix it. That is a breach of the duty the store owner owes to customers.
If we prove that the defendant did owe you a duty to use reasonable care and the defendant breached that duty of care, we have successfully established that the defendant was legally negligent. However, the case does not end there.
Next, we have to prove all of the damages you have suffered. During this phase of the case, we will present evidence of your burns, your medical expenses, your likely future treatment, your pain and suffering, and your lost wages. We will tell the story of how your burn injuries have affected your life to make sure the jury and defense understand exactly what you have been through and will continue to deal with in the future.
After establishing all of the ways you have been harmed, we have to prove that each aspect of your damages was caused by the defendant’s negligence: We have to tie your burn and all the ways it has caused you suffering to the action or inaction of the defendant. Often, this is one of the more difficult aspects of a case to prove, but when you hire Parker Waichman, you’ll get a New York lawyer for fire and burn injury claims who is a seasoned litigator with the skills and knowledge you need to win. Contact our New York office today to talk to one of our burn injury lawyers about how our firm can build a winning case for you.
How We Start Working on Your Case
During Parker Waichman’s years representing people injured by acts of negligence, we have developed a straightforward process for reviewing and investigating claims that allows us to provide our clients with timely answers in a stress-free manner. Our law firm wants you to feel empowered to seek justice without having to spend time and energy worrying about the legal process itself. When you call our firm, a compassionate member of our team will explain the steps we take at the outset of every case.
- Consultation: A consultation is your initial call with our firm, including a follow-up with one of our skilled burn injury lawyers. This is your chance to tell us what happened and set us on the right track for investigating your claim.
- Paperwork: If we believe we can help you further, we will have you fill out authorizations and sign a retainer that will allow us to begin our case review and uncover information on your behalf. We will guide you through this documentation to make sure you are comfortable with every section.
- Records/Document Order: Next, we will order medical records and documents that show us the injuries you have suffered and give us an idea of what went wrong. This is when we will determine potential defendants as well as calculate a preliminary statute of limitations on your claim.
- Discussion/Decisions: Once we have an understanding of what happened and how you have been injured, we will talk to you about your potential legal options and make decisions together about how to move forward.
Our firm is dedicated to securing results for victims and their families, and we have garnered an unbelievable total of more than $2 billion in settlements and verdicts for our clients. But in addition to our results, we are proud of the commitment we make to client communication. We know the process of hiring a lawyer and filing a lawsuit can feel intimidating, and you want to know that you have chosen counsel who cares about you and wants what’s best for you. When you work with Parker Waichman, you are a person, not a case file, and you will be treated as if you were a part of our family. We build longstanding relationships with our clients and work tirelessly to bring them the relief they need during some of the most devastating points in their lives. Contact our firm today to discuss your potential claim and to find out why ours is the right firm to represent you.
Frequently Asked Questions
Potential clients who call our firm about their burn injury cases usually have several questions for us. Here are some of the questions we are asked most often along with our answers to those questions.
How Do Burn Injuries Occur?
The scenarios we have seen most frequently in burn injury cases are:
- Vehicle crashes
- Construction accidents
- Premises accidents
- Chemical mishaps
- Defective products
Fires, explosions, and exposure can cause burns in these situations, leaving people seriously injured.
Does a Second-Degree Burn Require Time Off From Work?
A second-degree burn usually takes several weeks to heal properly, and depending on where the burn in located, how severe it is, and the nature of your employment, you may not be able to do your job while you heal. Talk to a medical professional if you’re unsure whether you should go to work after you’ve been burned.
What Kind of Settlement Can I Receive?
It’s important to understand that settlements cannot be guaranteed, and the amount any particular case is worth can vary widely. But during the course of your case, we will advocate for damages for all of the ways you have been harmed. This will include the pursuit of compensation for your past and future medical bills, lost wages, pain and suffering, and potentially punitive damages.
Speak With a New York Burn Injury Lawyer for Free Today
When you have been badly burned because of someone else’s negligence, you deserve justice. While a monetary award can never truly repair what you have lost, our attorneys will fight for compensation that will ease some of the financial strain caused by your injuries.
Our firm offers free, no-obligation consultations, and we contract cases on a contingency-fee basis. This means that we will only receive a fee if you receive an award in your case. We know you are already under enough stress, and you should not have to worry about whether you can afford representation. We will take on the financial risk so you can focus on what matters most: your health and your family.
If you have received a severe burn injury, contact the experienced New York attorneys at Parker Waichman today for a free consultation. Just fill out our online form or call 1-800-YOUR-LAWYER (1-800-968-7529).
How Do I Get My Police Report in Manhattan?
In the hours following an accident or arrest, a police report is generated by the investigating Manhattan police officer. Once the report has been generated a "public portion" of the report is available immediately. The public portion of the police report withholds information until the case is completely closed. Once the case has wrapped up, you or your attorney can talk to your local Manhattan police precinct to obtain a copy of the full police report. How you are able to get your report varies depending on the preference of the precinct. Some prefer to do it electronically, others via mail, and others in person. Regardless, there may be a waiting period and your precinct may charge a fee to request a copy of the police report. When it comes to help in getting a police report under New York personal injury law, Manhattan, NY, residents should know that Parker Waichman is here to help you make the most of your case. Our law firm is recognized nationally for our care of clients and skill in gathering evidence to get you the compensation you deserve.
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