Burn Injury Lawyer in New York
Burn injuries are among the most common types of injuries that occur throughout the country. Victims can suffer burn injuries in a series of incidents of getting scalded at home or in the shower to suffer them in a structural fire or due to a spill of chemicals at a construction site. When talking about this type of injury, the term «burn» refers to the conditions experienced by the victims that are more serious than the simple burning sensation. Burn injuries are characterized by severe damage to the skin that causes the affected skin cells to die.
Some people can recover from burn injuries without experiencing serious health consequences depending on the cause and severity of the injury, most victims of burn injuries, however, require immediate medical attention to avoid health complications serious or even death. If you or a loved one has suffered burns due to the negligence or misconduct of another person or entity, it is important that you contact an experienced burn injury lawyer in New York to explore your rights and legal options. You may be able to seek and obtain valuable compensation necessary for treatment, surgery and other expenses.
The most common causes of burn injuries
According to the American Association of Burns (ABA), 2,745 people died from residential fires and 310 from fires in traffic accidents in 2015. One civilian death in fires occurs every two hours and 41 minutes. The odds of a US resident will die because of exposure to fire, or smoke is one of 1,442. During the same time 486,000 victims sought medical treatment for burn injuries. About 40,000 people were hospitalized for burns including 30,000 in specialty burn centers.
Building Fires: These are some of the most common causes of burn injuries in New York City. The highest of the largest building is the risk of death during fires, as it makes it more difficult for firefighters to rescue victims. When a building catches fire, many occupants are trapped between the stairs and burning windows forcing them to jump and become seriously injured. Spending a prolonged time inside a burning building also causes injuries from smoke inhalation, which can prove fatal.
Gas explosions: Explosions caused by gas leaks have claimed several lives over the years in New York City. Regional UCSD Burn Center reports that most adults were burned in their homes as a result of explosions of propane or natural gas. These catastrophic incidents can occur as the result of a faulty line, due to the negligence of a utility company and / or due to a defective product or device.
Hot liquids and scalds: Children are at a much greater risk for hot liquid burns because a child’s skin is much thinner than the adult’s skin. Fluid burns, which can scarcely harm an adult, can injure a child’s skin and deeply at lower temperatures, even for only a few seconds of exposure. The elderly are more vulnerable to liquid burns and boiling water, as well because of sensitive skin and slower reaction times. In addition to hot water, hot drinks and oils can also cause burns.
Burns caused by electrical accidents: There are more than 400 electrocutions every year in the US, according to the US Consumer Commission. Safety of Consumer Products (CPSC) and an estimated 180 electrocutions are related to consumer products. Wiring hazards such as damaged or exposed commercial and household wiring together accounted for 20 percent electrocution. Ladders that come into contact with power lines, power tools and other equipment can also lead to electrical accidents that result in serious burns to victims. Burn injuries caused by electrical accidents can result in damaged nerves and tissues as well.
Appliances: A number of fires and burn injuries are caused by defective heaters appliance appliances to coffee makers. In such cases, the manufacturers of the defective products can be declared liable for damages caused.
Car Fires: Motor vehicle fires kill at least 500 people and injure thousands more each year, according to the Federal Emergency Management Agency (FEMA). One in five fires involves a car. One in eight fire deaths results from vehicle fires. Car fires tend to produce because of a faulty collision, part or vehicle malfunctioning.
Water heater fires: Water heaters these days are equipped with sensors that detect the burning of vapors unlike older models. However, there is the danger of more recent water heaters in models that catch fire as a result of collections of lint, dust and oil. Water heaters should not only be updated, but they should be maintained properly, keeping them free of dust and lint. If you live in an apartment or rental, the building manager and / or building owner are responsible for maintaining the water heater. Defective or poorly maintained water heaters can cause injuries from severe burns.
Workplace accidents: Fires and explosions in the workplace result in hundreds of deaths and burn injuries each year. Some of the common causes of work-related fires include chemical hazards, spontaneous combustion of chemicals or rags and weak fuel lines. Injuries from burns suffered at work, especially in a construction environment or factory can be devastating for workers and their families.
Burns severity
The severity of a burn depends on the extent of the damage to the skin, muscles, tissues, bones and other internal organs. Burn injuries are divided into four categories depending on their severity.
These are burn injuries that cause minimal damage to the skin. They are superficial burns because they affect the outermost layer of the skin. Common symptoms include redness, inflammation and minor pain. Since this type of burn injury only affects the upper layer of the skin, the signs and symptoms disappear once they remove the skin cells. First-degree burns usually heal in seven to 10 days or more. First degree burns are usually treated with care at home and the healing time is faster here in relation to the other categories.
Second Degree Burns: These burn injuries are more serious because the damage extends beyond the top layer of the skin. The blisters on the skin and it becomes red and sore. Some even blisters may burst open giving the burn a moist appearance. Some second-degree burns take more than three weeks to heal, but most of them heal in two or three weeks or more. In some severe cases, skin grafting may be necessary to repair the damage.
Third-degree burns: These are extremely severe burn injuries. This is when the damage extends through all the layers of the skin. The skin may appear white or waxy, charred or leathery. These wounds can cause serious scars.
Fourth degree burns: These injuries damage the skin, the underlying tissue, nerve endings and can go all the way to fat, muscle or even bone. These burn injuries look black or charred and dry. There is no cure with this type of burn. In most cases, amputation is required and patients often die.
Who can be considered responsible?
In cases of burn injuries, responsibility often depends on who or what caused the injuries. For example, if an owner and / or property manager can not install smoke detectors or sprinklers in an apartment complex or rental, or if the alarms or sprinklers are not working, then the owner and / or manager may be considered responsible for the injuries and damages caused. New York law requires all property owners and / or administrators to install and maintain these security systems to protect their tenants and visitors.
Owners of property and / or property managers may also be responsible for burn injuries that occur due to faulty hot water pipes or water heaters. In cases where a defective product, such as a space heater caused or contributed to the fire accident , the manufacturer of that defective product may be held liable. In incidents where gas explosions are causes of burn injuries, negligent utility companies can be financially responsible for injured victims, damages and losses. One of our clients recovered $ 2,500,000 for burns from a space heater.
What is worth your claim for burn injuries?
If you have suffered serious burn injuries, you may wonder what your claim might be worth. The value of your claim will depend on the severity of the injuries and the magnitude of the losses you have suffered. It is necessary to take into consideration the types of physical, financial and emotional damages that you may have suffered. In a personal injury case, monetary damages are paid to the injured party or the plaintiff by the party that is legally responsible for the incident. Your case can go to a jury trial or receive a majority of personal injury cases, get an out of court settlement.
Here are some of the types of losses and damages that often determine the value of a personal injury claim:
Medical expenses: A victim who has suffered burn injuries is likely to need intensive treatment and rehabilitation. Often, victims of injury burns require skin graft surgery when the skin is taken from a part of the patient’s body and grafted onto the portion that has been damaged by the burn. These are considered cosmetic procedures (as opposed to life savings) and are often not covered by insurance. Medical expenses will also include medicines, medical and rehabilitation equipment. Often, plaintiffs will be awarded damages for the cost of future treatment. This is particularly true in cases where patients have suffered permanent injuries or disabilities.
- Lost wages: You can request and obtain compensation for lost work days. If your injuries have proven to be disabling, you can seek compensation for lost wages and loss of work capacity, or in other words, income that you may have earned in the future, but can not because of your injuries and disabilities.
- Pain and suffering of the past and the future: You can request the repair of the physical pain and suffering that has had to endure during the incident and its aftermath. Burn injuries can be particularly painful and the recovery process can be extremely time consuming and costly.
- Emotional Anguish: In addition to significant physical pain, there is also a significant amount of stress and psychological effects due to the victims having suffered a traumatic event. Patients may suffer from anxiety, depression and post-traumatic stress disorder.
- The loss of enjoyment of life: When injuries caused by a fire or any accident keep victims from enjoying their daily activities and hobbies, they may be entitled to «loss of pleasure».
- Loss of consortium: Refers to the impact of the injuries they have on the applicant’s relationship with their spouse or partner. The loss of the company or the ability to have a sexual relationship can cause significant problems for couples.
Obtaining results in cases of burn injuries
The Law Offices of Kenneth A. Wilhelm has had significant success representing victims of burn injuries. Here are some settlements that we have helped secure for our clients with serious injuries:
$ 2,500,000: Defective heater burn.
$ 2,250,000: Child burned by hot water in a bathtub.
$ 1,170,000: Solution of burn injury case.
$ 985,000: Solution in a fire accident case where the injuries were sustained because the homeowner had no smoke detectors installed in an apartment.
$ 850,000: Solution for a child who suffered severe leg burns due to medical malpractice.
$ 850,000: Slip and fall in the workplace.
$ 750,000: Hot water injuries from burns suffered by a 3-year-old boy when he was burned by the hot water in the sink.
$ 670,000: Solution in a case in which a 13-year-old girl was burned with hot water when being treated in an institution.
Contact an experienced lawyer
If you or a loved one has suffered burn injuries or if you have lost a loved one in a fire, New York personal injury lawyers with experience in Kenneth A. Wilhelm’s legal office can help you better understand your rights and options legal, and also fight hard to recover just compensation for you. Please contact us for free 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. There are no lawyer fees unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 states of the United States, please call us and we will try to help you with your case.
Other telephone numbers at no cost to us are:
1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com