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As burn accident lawyers in New York City, we can help you secure the full and fair compensation you deserve for injuries caused by the negligent actions of others.
Suffering a burn injury in New York can occur in a variety of settings, such as workplace accidents, particularly in industries like construction, manufacturing, and food service; apartment building fires due to faulty wiring, lack of fire safety measures, or negligent landlords; car accidents resulting in fires or exposure to hot surfaces and fluids; and defective products, such as malfunctioning kitchen appliances or improperly labeled chemicals. Burn injuries can lead to significant physical, emotional, and financial consequences, including extensive medical treatment, surgeries, and rehabilitation; permanent scarring, disfigurement, and disabilities; lost wages and reduced earning capacity; and pain, suffering, and emotional trauma.
Determining the Value of a Burn Injury Claim
Determining the value of a burn injury claim involves several factors that can significantly impact the settlement amount. The location and severity of the injury are crucial considerations, as burns on visible areas like the face and hands or those covering large portions of the body may result in higher compensation due to the potential for disfigurement, emotional distress, and a greater impact on the victim's quality of life. More severe burns typically require extensive medical treatment, longer recovery times, and a higher risk of complications, which can also increase the settlement value.
The long-term impact of the burn injury on the victim's life is another important factor. Permanent disfigurement, scarring, ongoing physical pain, and emotional trauma can greatly diminish the victim's quality of life and may lead to a higher settlement amount. If the injury affects the victim's ability to work or earn a living, the settlement may also include compensation for lost wages and reduced earning capacity.
The cost of medical treatment and future care needs should be accounted for in the settlement value. This includes expenses related to emergency room visits, hospitalization, surgeries, prescription medications, wound care supplies, medical devices, physical therapy, occupational therapy, and rehabilitation. If the victim requires ongoing medical care or future surgeries, the settlement should include compensation for these anticipated expenses.
The strength of liability evidence and expert witness testimony can also influence the settlement amount. Clear evidence of negligence, such as safety violations or inadequate fire protection, can lead to a higher settlement value. Expert witness testimony that conclusively links the defendant's actions to the burn injury can bolster the victim's case. The credibility and persuasiveness of expert witnesses, particularly those with impressive credentials and experience, can impact the settlement value by helping to convince insurance companies, judges, and juries of the defendant's liability and the extent of the victim's damages.
The Role of Expert Witnesses
Expert witnesses play a crucial role in determining who is at fault for a burn injury. They analyze evidence, such as fire department reports, safety records, and witness statements. Experts in fields like engineering, chemistry, and fire science can identify the cause of the burn incident. They can pinpoint negligent actions or inactions that contributed to the injury, such as faulty wiring or improper safety protocols.
Expert witnesses help connect the dots between the negligent party's actions and the resulting burn injury. They provide testimony that explains how the negligence directly caused or contributed to the incident. For example, a fire safety expert may testify that a landlord's failure to maintain smoke detectors or fire extinguishers led to a tenant's burn injuries during an apartment fire. Medical experts can also demonstrate how the negligent actions caused the specific type and severity of burn injuries suffered by the victim.
New York's Statute of Limitations for Burn Injuries
In New York, the statute of limitations for most personal injury cases, including burn injuries, is three years from the date of the incident. This means that burn injury victims have three years from the date they suffered their injuries to file a lawsuit against the negligent party. If a burn injury victim fails to file a lawsuit within this three-year period, they may lose their right to seek compensation for their damages. It is crucial for burn injury victims to consult with an experienced attorney as soon as possible to ensure they do not miss this important deadline.
However, there are exceptions that may pause the deadline. If the burn injury victim was a minor (under 18 years old) at the time of the incident, the statute of limitations may be paused until they reach the age of majority. In New York, minor burn injury victims have three years from their 18th birthday to file a lawsuit, regardless of when the incident occurred. This exception allows minor victims additional time to seek compensation for their injuries once they reach adulthood. If a burn injury victim is mentally incapacitated and unable to make legal decisions, the statute of limitations may be paused until they regain their mental capacity. This exception recognizes that mentally incapacitated individuals may not be able to understand or pursue their legal rights within the standard three-year period. However, mental incapacitation must be medically documented and verified for this exception to apply.
It is also important to note that there are different deadlines for claims against government agencies and fatal injuries. If a burn injury victim's claim is against a government agency, such as a city-owned hospital or a public transportation authority, the deadline to file a notice of claim is much shorter. In New York, burn injury victims must file a notice of claim with the appropriate government agency within 90 days of the incident. Failing to file a timely notice of claim may result in the burn injury victim losing their right to sue the government agency. After filing the notice of claim, burn injury victims typically have one year and 90 days from the incident date to file a lawsuit against the government agency.
If a burn injury results in the victim's death, the victim's estate and family members may have the right to file a wrongful death claim against the negligent party. In New York, the statute of limitations for wrongful death claims is two years from the date of the victim's death, not the date of the incident that caused the fatal burn injuries. This deadline is shorter than the standard three-year statute of limitations for personal injury cases, so it is important for the victim's estate and family members to act quickly to preserve their legal rights. Consulting with a burn accident attorney like us can help ensure that the estate and family members meet all necessary deadlines and requirements for filing a wrongful death claim.
Dealing with Insurance Companies
Insurance adjusters may contact burn injury victims shortly after the incident to gather information and discuss potential settlements. While it may be tempting to provide a statement or accept a settlement offer, burn injury victims should avoid speaking to adjusters without first consulting an experienced attorney. Insurance adjusters are trained to ask questions that may elicit responses that could be used to undermine the victim's claim or minimize their damages. Burn injury victims may inadvertently say something that can be taken out of context or used against them later in the legal process. We can communicate with insurance adjusters on behalf of the victim, protecting their rights and ensuring that any statements made are consistent with the legal strategy.
Burn injuries cause significant physical and emotional harm to victims. Victims may experience permanent scarring, disfigurement, and disabilities that impact their quality of life. The emotional trauma associated with burn injuries, such as PTSD, anxiety, and depression, can be devastating and long-lasting.
If you or a loved one has suffered a burn injury in New York, it is essential to act quickly to protect your legal rights. Contact the Law Offices of Albert Goodwin today to schedule a free, no-obligation consultation. During your consultation, we will listen to your story, answer your questions, and provide an honest assessment of your case. We work on a contingency fee basis, meaning you pay no upfront costs and only owe attorney fees if we secure compensation on your behalf. You can call us at 212-233-1233 or send us an email at [email protected]. We represent burn accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
