(914) 220-1086Most of us probably don’t put too much thought into our skin. We likely wash it regularly, moisturize it, and hopefully use sunscreen. Yet we often don’t think about what may happen if our skin – the largest organ in our body – is harmed.
Burn injuries are a type of damage to our skin tissue that can cause physical pain, emotional distress, disability, and even death. These burns can be caused by motor vehicle accidents, fires, explosions, electricity, and/s chemicals. If your burns were caused by another person, our White Plains personal injury lawyers will fight to get you maximum compensation for your injuries.
At the Law Offices of Thomas L. Gallivan, we work hard to help our clients get the money that they deserve for their losses. We represent people who have suffered a range of injuries, including burns related to car crashes and other accidents. Reach out today to schedule a free consultation with a White Plains, NY burn injury lawyer.
Understanding Burn Injuries
Burn injuries are a type of damage to skin tissue that can be caused by heat, chemicals, electricity, or even overexposure to the sun. As the skin is our body’s largest organ, more severe burns can lead to serious complications.
Burn injuries can range from minor medical issues – like a sunburn – or life-threatening emergencies. Burns are classified into three categories, based on the level of severity:
First-Degree Burn
A relatively minor burn, this injury only affects the outer layer of the skin (epidermis). Symptoms of a first-degree burn are often limited to redness and pain.
Second-Degree Burn
This type of burn affects both the epidermis and the second layer of skin (dermis). Second-degree burns can cause swelling, blisters, scarring, and red, white, or splotchy skin.
Third-Degree Burn
This type of burn is the most serious, reaching through the epidermis and dermis to the fatty layer of the skin. It may even affect the muscles, tendons, or ligaments underneath the skin. Third-degree burns are incredibly painful and are often characterized by black, brown, or white, leather skin. A third-degree burn can also destroy nerves, which causes numbness.
Burn injuries can cause a range of symptoms, including pain, scarring, and disfigurement. There is also a serious risk for complications, particularly with second and third-degree burns. Potential complications of severe burn injuries include:
- Loss of sensation
- Shock
- Bone and joint problems due to scar tissue causing the shortening and tightening of skin, muscles, or tendons. This can cause mobility issues.
- Breathing problems that are caused by inhaling hot air, smoke, and/or chemicals
- Bacterial infections that could spread to the blood and become sepsis.
- Fluid loss, which may lead to low blood volume (hypovolemia)
- Low body temperature (hypothermia)
Treatment for burn injuries will depend on the location and severity of the burns. Minor burns – such as from touching a hot pan – can usually be treated at home, and heal within a few weeks. However, more severe burns will often require medical treatment by a healthcare professional, potentially at a specialized burn care center. This may include medications, the administration of IV fluids, wound dressings, physical and occupational therapy, and even surgery (to remove dead tissue, and/or for skin grafts).
Burn injuries can also cause mental health issues as well. Being hurt in a fire or an accident can be incredibly traumatic. On top of medical care, many burn victims require emotional support such as therapy and counseling.
Common Causes of Burn Injuries
According to the American Burn Association (ABA), in 2016 alone, Americans suffered 486,000 burn injuries that required medical treatment. This number includes more than 40,000 admissions to hospitals for burn injury treatment.
Burn injuries can have many potential causes, ranging from touching a hot item (thermal burn) to being burned in a fire. In some cases, burns are caused by accidents such as:
- Car accidents
- Defective products (such as a rechargeable battery catching on fire)
- Truck accidents
- Electrocution or electrical burns
- Motorcycle accidents
- Chemical exposure or chemical explosions
- Gas explosions
If your burn injury was caused by another person, then you may be able to file a personal injury lawsuit against them. A White Plains burn injury attorney can help you with the process, starting with a free initial consultation.
Filing a Lawsuit for a Burn Injury
If you have suffered a burn injury, you may be able to file a personal injury claim against the at-fault party. In most cases, these claims are based on a theory of negligence or carelessness. In some cases, you may be able to pursue compensation for intentional or reckless behavior (such as a drunk driving accident).
There are 4 elements to negligence. An injury victim (plaintiff) must typically prove each of these 4 elements to recover financial compensation from the wrongdoer (defendant). These elements are:
- Duty: the defendant owed the plaintiff a duty to use reasonable care.
- Breach: the defendant violated that duty in some way.
- Causation: the defendant’s breach caused the accident that hurt the plaintiff.
- Damages: the plaintiff suffered losses as a result.
Our law firm represents many car accident victims who have suffered burns in a crash. For example, consider a case where a driver runs a red light, and t-bones another vehicle. The impact caused the car to catch on fire, and the other driver suffered severe burns. In this case, the at-fault driver had a duty to follow traffic laws, violated their duty, caused a crash, and the other driver was hurt in the accident. The at-fault driver could be held financially responsible for the crash.
Negligence is often relatively simple, such as in the example above. However, there are cases when negligence is harder to prove – such as a multi-vehicle accident or when the accident victim was partially responsible for the collision. A skilled White Plains burn injury lawyer will investigate all aspects of the case to put together the strongest possible claim – and to hold all responsible parties accountable for their actions.
The process of filing a lawsuit starts with a free initial consultation, where you will have a chance to tell your story. Your attorney will then offer you advice about your rights and options for filing a claim. If you decide to hire a lawyer, then they will start with an investigation and legal research.
Next, your attorney will send a demand letter to the at-fault party’s insurance company. This letter will explain what happened and the legal reasons why their insured is liable. It will end with a demand for compensation (damages).
The majority of personal injury claims are resolved outside of the courtroom. Your White Plains burn injury lawyer will negotiate with the insurance company, using their research, legal knowledge, and experience to get you a fair settlement. If necessary, your attorney will file a lawsuit to protect your legal rights and continue negotiations until a settlement can be achieved.
In some cases, the insurance company simply won’t offer a settlement that covers the scope of your losses. In this situation, your lawyer may take the case to trial to ask a jury to return a verdict in your favor. Having an experienced White Plains personal injury attorney is the best way to recover the compensation that you deserve for your losses.
Compensation in a Burn Injury Case
In any personal injury case, you may be entitled to three types of damages: economic, non-economic, and punitive damages. Economic and non-economic damages compensate an injury victim for their losses and are known as compensatory damages. Punitive damages punish a defendant who acted intentionally or recklessly.
Economic damages pay for direct financial losses and can be proved through documentation like medical bills, pay stubs, invoices, and estimates. Examples of economic damages include lost wages, reduced earning capacity, property damage, medical expenses, and future medical treatment.
Non-economic damages pay for intangible losses – the things that you won’t necessarily get a bill for, but are still losses. In burn injury cases, non-economic damages are particularly important, as a severe burn can significantly affect your mental health and quality of life for years – or perhaps even the rest of your life. Non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
Finally, punitive damages may be awarded in cases where a defendant was reckless or acted intentionally. A good example of a case where punitive damages may be awarded is a drunk driving accident. Your White Plains burn injury lawyer will help you understand whether punitive damages might be appropriate in your case.
How Our Law Firm Can Help
Burn injuries can be both serious and life-threatening. They often cause significant pain, and you may be left with scars and other issues, such as limited mobility. Our White Plains burn injury attorneys will fight for your right to full compensation that covers every aspect of your losses.
The Law Offices of Thomas L. Gallivan advocate for burn victims throughout New York. We have significant experience handling burn injury lawsuits and will work to get our clients the compensation that they deserve. To learn more or to schedule a free initial consultation with a member of our legal team, give us a call at 914-220-1086 or fill out our online contact form.
The Insurance Company Has Offered Me a Settlement for My Burn Injury. Should I Take It?
No. Insurance companies are in business to make money, and any settlement that they offer you likely won’t be enough to truly compensate you for your losses. In fact, the offer may not even be enough to pay all of your bills after an accident.
You should never accept a settlement, sign paperwork, or give a statement to the insurance company before consulting with a White Plains personal injury lawyer. This is particularly true for serious injuries like burns. Reach out to the Law Offices of Thomas L. Gallivan to schedule a free consultation today.
How Can I Afford to Hire a Burn Injury Attorney?
Personal injury law firms typically work on a contingency fee basis. This means that you will pay nothing out of pocket, and will only pay a fee if they recover money for you. The fee will be a percentage of your total recovery and is governed by New York law.
Contingency fee arrangements make it possible for anyone to hire a lawyer, even if you don’t have a lot of extra cash on hand. Contact the Law Offices of Thomas L. Gallivan today to talk to a White Plains burn injury lawyer about your claim.
