New York Burn Injury Lawyers
Finkelstein & Partners, LLP
Newburgh, NY, 12550
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
Did you or someone you love suffer an injury in a burn accident in New York? If so, you already know the complications and uphill battle you face in your recovery. While you focus on your burn injuries and on rebuilding your life, let us focus on getting you the compensation and money you need – and deserve.
Our burn injury attorney can help you through this difficult time. Whether you suffered from third-degree burns, electrical burns, or chemical burns, our law firm is here to offer compassionate guidance throughout the legal process.
Some burn injuries heal without much damage, but others leave significant scarring detrimental to a person’s well-being. Regardless, many burn-related incidents happen because a person acted carelessly. New York law might entitle you to compensation if another person’s negligence injured you.
Finkelstein & Partners, LLP has extensive experience with burn injury cases. We know how to investigate the accident and bring the opposing side to justice. Our New York burn injury attorneys are not afraid to take on any defendant, no matter how big.
New York Burn Injury Guide
- Why You Should Consider Finkelstein & Partners
- Your Burn Injury Case May Require Expert Witnesses
- What Is the Worth of a Burn Injury?
- Common Causes of Burn Injuries
- Who Files Fatal Burn Injury Claims?
- What Is the Burn Injury Statute of Limitations?
- Should You Talk to the Insurance Company?
Why You Should Consider Finkelstein & Partners
Not every lawyer is the right fit for a burn injury lawsuit. Hire someone who specializes in the accident type specific to your needs with plenty of experience. The New York burn injury attorneys at Finkelstein & Partners have practiced for over 60 years. We know how to fight for clients with similar cases as yours.
You deserve a lawyer who can create an empathetic environment that makes you feel heard and supported—our firm endeavors to treat every client with the utmost care and compassion. We provide resources to help you during the lawsuit process.
Finkelstein & Partners has obtained multiple honors, awards, and partners, including the National Trial Lawyers. Additionally, we have a long history of successful settlements and high-value case results. You can trust us to use our multiple resources to maximize the potential value of your lawsuit. Meet with us for a free case evaluation at no cost to you to learn more about our ability to support your legal claim.
Your Burn Injury Case May Require Expert Witnesses
Your attorney may need to acquire the services of an expert witness to establish liability, even if the fault is evident. Expert witnesses offer their knowledge to show how negligence from the other party led to the burn injury. Usually, the person works in the field relevant to the situation.
An example is a fire investigator examining how a fire happened because of the other party’s careless behavior. Alternatively, you might need the expertise of a mechanical engineer to prove a mechanical system malfunction caused your burn.
Furthermore, an expert witness’s testimony can support your argument about how a burn affects your life. A vocational rehabilitation expert may mention how you earn less or cannot find employment. Your lawyer may hire an economist to testify and validate your financial losses.
Our firm can contact credible expert witnesses. We determine who can support your case effectively once we understand all the facts.
What Is the Worth of a Burn Injury?
Research documents the length of hospital stays for burn injuries lasting anywhere from one to 47 days. The associated medical costs average $18,550. The bill could be even higher for extensive treatment. Moreover, a person may need to pay ongoing expenses following their hospital stay.
The value of a burn injury claim depends on multiple factors. Primarily, the location and severity of the injury affect how much you can receive in a settlement.
In general, there are four degrees of burn injuries: first-degree burn injury, second-degree burn injury, third-degree burn injury, and fourth-degree burn injury.
First-Degree Burns Have Less Value
A first-degree burn is the least severe out of all the categories since it only affects the outer skin layer. The injury site may appear red and swollen, and someone might feel pain.
Nevertheless, the burn usually heals quickly. Therefore, a person might not receive much money for a first-degree burn in a claim.
Second-Degree Burns Increase a Claim’s Value
Flames, scalding liquids, and hot metal may result in a second-degree burn. The damage affects the skin to a deeper layer. Blisters usually appear, and scarring may occur on the injury site.
More severe forms of second-degree burns take longer to heal if blisters are significant. Patients may require skin grafts for deep burns. With these more severe burns, an individual has the risk of infection.
Since a second-degree burn requires medical attention, your damages may result in more compensation. Keep any bills or receipts you obtain, and Finkelstein & Partners can use them to calculate your damages.
Third-Degree Burns and Maximum Compensation
A third-degree burn is a severe burn and require immediate medical attention. Medical treatment for a third-degree burn will be extensive. Skin grafting and other surgical procedures are necessary to treat deep tissue and nerve damage. Furthermore, a person accumulates more hospital bills due to possible complications like infections.
Third-degree burns may lead to long-term effects. A person who develops significant scarring may suffer humiliation and emotional anguish. Moreover, someone could struggle to earn the same income level as before due to the permanent damage. As a result, a settlement is usually worth more for third-degree burn injuries.
Fourth-Degree Burns Greatly Affect the Settlement
Fourth-degree burns are serious burns. They’re the most severe form and require immediate medical intervention. The damage extends well beyond the skin layers, leading to disfigurement, disability, or often affecting other organs and bodily functions. The extensive treatment plan and recovery time mean the potential settlement increases.
The damage from fourth-degree burns might lead to the victim earning less income or being unable to seek employment. In addition to lost wages, a person can claim damages for trauma and mental anguish.
A burn can become life-threatening as well. If a loved one dies, you can file a wrongful death lawsuit. Compensation depends on the medical expenses burn injury victims gained before their death. Additionally, non-economic damages for you and other dependents count toward the settlement.
Common Causes of Burn Injuries
An estimated 486,000 burn injuries occur in the country annually. Around 86 percent of them are from thermal causes. For example, exposure to an open flame is a common cause of burn injuries. People often come into contact with fire at home.
Some kitchens use gas stoves, and young children are vulnerable around accessible candles. Flame-related burns can become fatal as well. In New York, over 120 house fire fatalities occur annually.
Skin contact with flames can also happen in the workplace. Firefighters regularly operate near fires and face risks. Even restaurant kitchens have accident potential. Additionally, some car collisions result in fires. Someone can sustain a burn injury from any of these listed flame risks.
Hot metal is another common cause of burn injuries. A person may touch heated metal after a car accident and sustain skin damage. Additionally, a defective product could cause the surface to be hazardous upon contact.
Burns can come from boiling liquid or steam. A person may have a fresh cup of coffee, and the drink spills and burns them. They might not have expected the severity of the hot liquid if the cup lacked proper warning. Burn injury victims can sue for compensation if they prove negligence played a role in their burn.
Young children are at risk of a scalding injury from hot water. They are less likely to understand that water at high temperatures is unsafe. Parents could pursue legal action if a liable party allowed a minor to receive a burn.
Gasoline, household cleaners, paint thinner, acids, and other hazardous substances may lead to chemical burns. Corrosive or toxic chemicals generally result in extensive tissue damage. Therefore, a person can have high medical costs to claim in a lawsuit.
Someone is likely to sustain burns if they frequently work with chemicals. Defective household products can also cause injuries. Young children are vulnerable since they are generally unaware of the dangers of these household products.
Electricity may cause damage to the skin, especially to deep tissue layers. Causes of electrical burns include short-circuiting devices. Additionally, exposed wires pose a hazard for any nearby individual.
Water increases the risk of severe electrical injury. Therefore, areas like swimming pools require regular upkeep of their electrical systems to prevent accidents. An error could lead to one or more burn injuries.
Electrical burns may occur at home due to a defective product. An unsafe work environment or piece of property with uncovered wires. Specific dangerous situations may result from negligence. Our firm will investigate the cause of your burn injury and take the liable party to court if necessary to pursue the compensation you deserve.
Who Files Fatal Burn Injury Claims?
Another party’s negligence may cause a fatal burn injury. The deceased person’s estate and family could be eligible for damages in a settlement. Nevertheless, some people are unsure who can file a claim.
In New York State and New York City, the estate’s personal representative is the only one who can bring forth a lawsuit on the deceased’s behalf. A personal representative, or executor, is an individual or company the court appoints. Usually, the judge chooses a spouse or another family member for the position.
The personal representative is in charge of recovering damages for the estate. Reimbursement includes pain and suffering, lost income, and medical bills from when the deceased was alive. The law entitles family members to money for funeral expenses, loss of financial support, loss of companionship, and other damages resulting from death caused by negligence.
Our burn injury lawyers support you if a person’s negligence causes a loved one’s death. We are familiar with the lawsuit process for fatal burn injuries and can support you in your legal claims while you focus on what’s important.
What Is the Burn Injury Statute of Limitations?
All states have a statute of limitations for burn-related accidents. New York grants residents three years from the date of the incident to file a claim with the court. After this period expires, the judge will likely dismiss your case.
You could pause the statute of limitations if an exception applies to your case. For instance, the clock stops if you are underage during the accident. The three-year deadline resumes once you turn 18.
Another exception is if the negligent individual fled the state or changed their name before you had a chance to start a lawsuit against them. You could request an extension if the person is not present for a minimum of four months before filing a claim.
Ask your attorney if you are unsure if an exception applies to you. Our staff can determine if you can extend the deadline and avoid losing compensation.
A different statute of limitations may apply to your claim in the case of a fatal burn injury. The time limit for a wrongful death case is two years. However, the clock counts down from the day of the victim’s death.
A burn injury lawsuit may be against a government agency instead of an individual. The law allows people to sue their local government for negligence-based accidents. When you do, you must follow a different set of rules.
In filing a burn lawsuit against the government, you must send the agency a formal notice of claim. The document informs the government of your pursuit of compensation and details the incident leading to the burn injury. The time you have to submit the written claim is shorter than the standard statute of limitations.
You must send the notice no later than 90 days after the traumatic event. The deadline applies whether you plan to sue the city, county, or state.
Some people delay legal action and risk losing their ability to collect compensation. We at Finkelstein & Partners remove the burden by filing the paperwork for you, ensuring we turn it in on time.
Should You Talk to the Insurance Company?
If the other party’s insurance company contacts you, do not say anything until you speak to a lawyer. Be careful about what you say if you need to communicate with an adjuster. The insurer may try to manipulate you and undervalue your claim to avoid paying a large settlement.
One way New York insurance companies reduce payouts is with quick settlements. Adjusters know claimants need financial assistance for medical bills. They assume you will accept the first offer to resolve the claim to get money right away.
Many insurers request the injured victims to give recorded statements about the accident. The adjuster must know the details of how you sustained a burn. However, they may review what you say to indicate the other party was not at fault.
Our lawyers will speak to the insurer on your behalf. If you need to contact an adjuster, we can advise you on what to tell them.
Burn Injuries Happen: What Can You Do To Protect Your Rights?
If you suffered a serious burn injury, you need to know what you can to do protect your rights to compensation in New York. Burn victims can take the following steps to improve their chances of a winning their personal injury case.
- Seek medical treatment immediately
- Notify work if the accident occurred on the job
- Follow doctor’s advice and attend all follow-ups and therapy sessions
- Keep a detailed journal of your recovery. Make notes regarding pain levels and suffering, as well as recovery setbacks and complications
- Keep all receipts and bills, including any OTC medications you purchase
- Contact an experienced burn injury lawyer as soon as you are able
- Never sign anything without first speaking to your attorney
Call a New York Burn Injury Attorney Today
Burn injuries can cause physical and emotional harm. Many victims struggle to recover but do not need to do it alone. The personal injury attorneys at Finkelstein & Partners are ready to help you with your burn injury lawsuit.
Our law firm has multiple locations across New York to aid residents needing legal representation. You might feel unsure if you have a valid case, and our complimentary first call will help you understand and consider your options. We are ready to assess your claim and answer your questions. Contact us at (518) 452-2813 for your free consultation.