NY Burn Injury Lawyers
Severe burns typically result in long-term to permanent disabilities that can put people out of work, and typically require long-term, high-cost medical treatments. Fortunately, New York state has several laws in place to help victims of burn injuries get the compensation needed to cover all related medical costs, past and future wages lost to being out of work, and any other damages, including pain and suffering.
The burn injury attorneys at Sobo & Sobo have over 50 years of experience winning settlements for victims across the Hudson Valley and New York City. Call 855-468-7626 or contact us online to schedule a free consultation with a burn accident attorney and explore the value of your case.
Examples of Negligence in Burn Injury Accidents
Knowing who to sue for negligence in a personal injury case depends on the circumstances of the injury. Negligence may be determined based on where and how the burn injury took place, including:
If a product causes injury because of its poor design, a defect in manufacturing, a performance malfunction, or breach in warranty, the injured person can seek recovery from various sources. Those held responsible can include everyone involved in providing the product to the consumer: factory/parts suppliers, manufacturers and retailers.
A property owner could be liable for a chemical burn if the injury was sustained on their premises. An example would be attending an event in a building recently fumigated for insects, inhaling the fumes and requiring hospitalization. The property owner is responsible for all people permitted on the premises, otherwise called “duty of care,” and could be held liable for resulting injuries.
If injuries are sustained on the job, a worker’s compensation claim may be made before filing a personal injury lawsuit. If on-the-job burns happen to you, document the incident and any medical care you receive, being sure to follow all the strict deadlines for a worker’s compensation claim.
Unlike regular personal injury claims, the statute of limitations for worker’s compensation is two years. This means you have two years from the date of the accident, or when you were aware of the injuries, to make a worker’s compensation claim.
Victims who are injured on the job also have the option to file both a personal injury claim along with a worker’s compensation claim. For instance, if you were injured by the acid from a defective battery used to power a device you operate at your job, you could make a claim against the manufacturer of the battery while still collecting worker’s compensation benefits.
New York is a “no-fault” state, which means that neither driver can be held completely liable for any injuries caused as a result of a car accident, as well as responsible for covering any associated medical costs. Instead, insurance takes care of payments. However, exceptions may be made in the case when clear negligence was the main cause of the burn injuries experienced by the victim, or if the injuries were “severe.”
What To Do After a Burn Injury
The ideal course of action after you’ve been burned depends on the severity and type of burn injury you sustained. For instance, chemical burn injuries may or may not need medical attention.
However, it’s generally a good idea to seek medical attention soon after the incident in order to get an accurate diagnosis of your injury. Doing so is important to your health and, potentially, to your future lawsuit.
Regardless of the cause of a burn, all second-degree burns should be bandaged and cared for with professional medical equipment. All third-degree and fourth-degree burns should be treated at a hospital or medical center as soon as possible.
Benefits of Hiring a Burn Accident Lawyer in New York
Burn accident victims who wish to file a lawsuit for damages may choose to take on the legal system alone. However, hiring a lawyer who specializes in these types of cases offers clients many advantages that boost their chances of winning a favorable settlement or –if necessary–in court, including:
- Maximizing Compensation: Burn accident attorneys are often able to win settlements many times larger than those offered in court, due to their expertise with familiar cases
- Proving Innocence in Court: An injury lawyer helps victims minimize the percentage of negligence they are found to have caused the accident by proving their innocence, and ultimately maximizing compensation.
- Collecting Evidence: Legal teams help injured victims by collecting evidence that helps prove their case, including camera footage, witness accounts, police reports, and medical records.
- Organizing Documents & Deadlines: An experienced attorney will keep in constant contact with their clients to help collect and organize paperwork, and ensure all deadlines are met.
- 24/7 Communication A legal team consisting of attorneys and paralegals ensure that their clients are always able to reach them via phone or email to address any questions or concerns they have.
Burn Victims Never Pay Unless We Win
At Sobo & Sobo, our burn injury attorneys are only paid with a portion of a settlement. That means clients never have to pay out of pocket. So, it is impossible to ever owe Sobo & Sobo money.
What Kind of Compensation Can You Expect From a Burn Injury Case?
If your burn injury case goes to court, you will be assigned compensation according to several factors. These same factors also influence negotiations between your attorney and attorneys for those responsible for your injury.
If it’s appropriate to your circumstances, the court will examine any financial damages you have suffered as a result of your burn damage, including lost wages. They will also consider the damage to your personal property or any other expenses related to the cause of your burn. (For instance, if a fire set by another person also burned down some or all of your home).
The court will also consider damages directly relating to your medical bills as well as pain-and-suffering. Emotional distress, post-traumatic stress, and other intangible elements will be included in these considerations.
Finally, if the burn damage is considered to be “punitive,” additional compensation may be awarded to the victim. Punitive damages are included at the court’s discretion if it can be proven that the at-fault party’s actions were egregious or reckless.
Contact a New York Burn Accident Lawyer
If you or someone you know were injured in any kind of accident caused by negligence, contact the personal injury or workplace accident attorneys at Sobo & Sobo online for a free consultation, or call 855-GOT-SOBO. The Sobo team has over 50 years of experience helping injured victims win settlements for burn accidents across the Hudson Valley and New York City.