Fire And Burn Injury Attorneys in New York
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.
Our New York 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 helping people in the community, we have earned a reputation for compassionate, effective legal guidance. Our colleagues and clients have given Parker Waichman LLP nationwide notoriety in the form of numerous honors and accolades, including:
- A rating of 9.8 (out of a possible 10) by AVVO.
- A rating of “Preeminent Lawyers” by Martindale-Hubbell® Peer Review.
- The highest honor of “5 Dragons,” by Lawdragon.
- A listing within the Best Lawyers Publication.
If you were injured in a fire-related accident, you need lawyers you can trust who will fight for your rights to compensation. Contact Parker Waichman LLP to talk to us about why so many families have trusted us to advocate for them in the face of horrific injuries.
EXPERIENCED BURN INJURY ATTORNEYS IN NEW YORK
Whether you have been burned in a fire or explosion or due to a chemical reaction, our lawyers recognize 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 of work, and more.
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 several different ways. During our practice representing burn victims, we have litigated cases involving the following scenarios:
Vehicle crashes – During the impact of a vehicle crash, a fire can ignite, or an explosion can occur. Drivers and passengers are also 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 for your injuries.
Construction accidents – On a construction site, workers are often performing their job around exposed wiring and incomplete gas lines and are working with flammable materials. Fires and explosions can quickly occur and become 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, 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 for your injuries.
Parker Waichman LLP 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 burn injury attorney can help you and your family.
Types of Burns
Burn injuries are categorized by degree based on the severity of the burn. The degrees range from one to three (and sometimes four), with one being the least severe.
First Degree – A first-degree burn harms the epidermis of the skin or 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 more severe substance/surface. People who experience second-degree burns might see a wound, along with redness, blistering, skin tightening, and pain. Depending on the specific nature of these burns, they might be capable of home treatment, but most will require medical attention.
Third Degree – Third-degree burns penetrate all layers of 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 can 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, something that rises above third-degree. Burns of this type might involve damage to a person’s muscle or even to the bone.
Regardless of the particular 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 is rigid, dry, and painful.
The attorneys at Parker Waichman LLP 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. Our lawyers will make sure your voice is heard and fight for the recovery you need to pay for medical treatment, hospital bills, 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 required by state law. This time limit is termed the statute of limitations. Statutes of limitations are time restrictions set by state 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 the claim and the injuries involved in the claim. It might seem like an unfair situation to plaintiffs to have these strict timelines for filing, but statutes of limitations can ensure the reliability of evidence for trial. For instance, the faster someone files his or her claim, the more likely it will be that his or her witnesses will have fresh memories of what happened and the more likely it will be that he or she can access records and documents needed for trial. But the more time that passes, the easier it is to forget a detail, and the easier it is to 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, it can be challenging to conclude 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 his or her 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 is very important that you hire an experienced New York lawyer to investigate your claims and determine the correct statute of limitations on your case. The attorneys at Parker Waichman LLP are extremely knowledgeable as to 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 principals of negligence. This means when we file your burn injury claim, your Petition for Damages will allege four basic case elements that we must prove through the duration of 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; and
- 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 we have to prove that the defendant was under an obligation to behave in a certain way so as not to cause you harm. For instance, if you are burned while you’re shopping at a store, the owner of that store had 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. In the example above, we have to prove 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 care the store owner owes to its customers. If we prove that (1) the defendant did owe you a duty to use reasonable care and (2) 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 bring out your story about 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 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 Parker Waichman’s attorneys are seasoned litigators who have 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 law firm can build a winning case for you.
Parker Waichman LPP’s Case Process
During Parker Waichman’s years representing people and families injured by acts of negligence, we have developed a straightforward process for reviewing and investigating claims that allow 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, which includes:
- Consultation – A consultation is your initial call with our firm, including 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 contract 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 you have chosen counsel who cares about you and wants what’s best for you.
When you work with Parker Waichman LLP, 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. Hereinafter you will find a list of some of the questions we are asked most often, along with our answers to those questions.
How do burn injuries occur?
During our practice representing burn victims, we have litigated cases involving the following scenarios:
- Vehicle crashes
- Construction accidents
- Premises accidents
- Chemical mishaps
- Defective products
Fires, explosions, and exposure can cause burns in the above situations, leaving people seriously injured.
What do the different burn degrees mean?
Burns are usually designated a degree based on severity. These degrees include:
First Degree – A first-degree burn harms the epidermis of the skin or 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.
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 more severe substance/surface.
Third Degree – Third-degree burns penetrate all layers of skin and cause damage to the underlying tissue. These are very serious burns that cause severe wounds and will require skin grafting to repair.
Some medical professionals and medical literature recognize a fourth category of burns: fourth-degree burns. Burns of this type might involve damage to a person’s muscle or even bone.
What kind of settlement can I receive?
It is important to understand that settlements cannot be guaranteed, 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 PERSONAL INJURY ATTORNEY TODAY
When you have been badly burned because of someone else’s negligence, you deserve legal justice. While a monetary award can never truly repair what you have lost, our attorneys will fight for the compensation that will ease some of the financial strain caused by your injuries.
Our firm offers free no-obligation consultations, and we contract cases using contingency fees. This suggests 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. Contact Parker Waichman LLP for a case consultation today.
Contact Parker Waichman LLP
If you or your family member has received a severe burn injury, contact Parker Waichman LLP today for a free consultation. You can reach our experienced New York attorneys by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).
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