When Negligence Leaves You Scarred, Our Burn Injury Attorneys Are Here To Help
Burn injuries can be very painful and can change your life in an instant. If you or someone you love has suffered a burn injury, it’s important to get help from our New Jersey burn injury attorneys.
Burns can happen at home, at work, or in accidents like car crashes. No matter where they happen, burn injuries can turn your life upside down. It can be really painful and take a long time to heal. Some burns are worse than others, and some can even be deadly.
Quick Summary:
- Burn injuries are damage to the skin or tissues caused by heat, chemicals, electricity, radiation, or friction. They are classified into four degrees: first-degree (superficial), second-degree (partial-thickness), third-degree (full-thickness), and fourth-degree (affecting deeper tissues). The severity of burns ranges from minor redness to life-threatening injuries requiring extensive treatment.
- Burn injuries can result from various causes, including home accidents, workplace incidents, defective products, and environmental hazards. Liability for burn injuries can involve individuals, employers, property owners, manufacturers, contractors, and healthcare providers. Determining who is responsible requires thorough investigation and evidence of negligence or misconduct. Identifying liable parties is essential for obtaining compensation for medical bills, lost wages, and other expenses.
- To prove negligence in a burn injury case, you must show the defendant breached their duty of care, causing your injury and damages. In New Jersey, compensation can cover medical expenses, pain and suffering, lost wages, disfigurement, rehabilitation, and may include punitive damages or wrongful death claims. You generally have two years from the date of the injury to file a claim.
What are Burn Injuries?
Burn injuries refer to damage to the skin or other tissues caused by exposure to heat, chemicals, electricity, radiation, or friction. They can range in severity from minor superficial burns to life-threatening injuries.
How are burn injuries classified?
Burn injuries are frequently observed in emergency departments worldwide. Burn injuries are classified into different degrees based on their depth and severity:
- First-degree burns: These are superficial burns that affect only the outer layer of the skin. They typically cause redness, pain, and mild swelling, such as sunburns.
- Second-degree burns: These burns extend beyond the top layer of the skin and affect the underlying layers. They can be further classified into two types: superficial partial-thickness burns & deep partial-thickness burns. Superficial second-degree burns affect part of the dermis under your outer layer of skin and the outer layer. Deep partial-thickness second-degree burns more severely impact the dermis and may leave permanent scarring. Second-degree burns result in searing pain and tissue damage that can take days and weeks to heal.
- Third-degree burns: Also known as full-thickness burns, these injuries affect all layers of the skin and can extend into the underlying tissues, such as muscles and bones. The skin may appear white, charred, or leathery, and there may be little or no pain due to nerve damage. A third-degree burn will require skin grafts to repair and is susceptible to infection throughout the healing process.
- Fourth-degree burns: These are the most severe burns, extending through the skin and underlying tissues, potentially affecting muscles, tendons, and bones. They can be life-threatening and may require amputation or extensive surgical intervention.
What Causes Burn Injuries?
When it comes to understanding burn injuries, it is important to explore the various causes that can lead to these often painful and life-altering injuries. Burn injuries can occur as a result of numerous factors and circumstances. From accidents and negligence to environmental hazards and unforeseen events, the causes of burn injuries are diverse and wide-ranging. Here are some causes of burn injuries:
- Accidents at home
- Workplace accidents
- Motor vehicle accidents
- Construction accidents
- Farm equipment accidents
- Defective products
- Negligent maintenance
- Medical negligence
- Scalding in public places
- Electrical accidents
- Chemical exposure
- Building fires
- Welding fires
- Explosion accidents
- Intentional acts
- Hot surfaces or objects
- Scalding in nursing homes
- Negligence during a cosmetic procedure
- Arson
- Burns caused by electrocution
- Fires caused by appliances, like furnaces, water heaters, or gas grills
- Burns caused by hot water or oil
Who Can Be Liable For My Burn Injury?
If you’ve suffered a burn injury, you might be wondering who is responsible for it. Determining liability in a burn injury case requires a thorough investigation of the circumstances and gathering evidence to establish negligence or misconduct. Figuring out who is liable can help you get the compensation you need to cover your medical bills, lost wages, and other expenses. Here are some common entities that may be held responsible:
- Individuals: If your burn injury was caused by the negligence or intentional actions of another person, such as in cases of assault, improper handling of hot substances, or reckless behavior, that individual may be held liable for your injuries.
- Employers: If you suffered a burn injury in the workplace, your employer may be held responsible for maintaining a safe working environment. This includes providing proper training, implementing safety protocols, and ensuring that equipment and machinery are in good working condition.
- Property Owners: If your burn injury occurred on someone else’s property, such as a residential or commercial building, the property owner may be held liable if the injury was caused by their failure to address hazards or maintain safe premises.
- Manufacturers or Product Suppliers: If your burn injury was caused by a defective product, such as a faulty electrical appliance, a malfunctioning heating device, or a product with inadequate safety features, the manufacturer or supplier of the product may be held liable under product liability laws.
- Contractors or Construction Companies: In cases of burn injuries resulting from construction site accidents or incidents involving contractors, the responsible parties may be held liable for failing to adhere to safety regulations, providing inadequate training, or not properly addressing potential hazards.
- Healthcare Providers: If your burn injury occurred due to medical negligence during a procedure or treatment, such as improper use of heating devices or failure to follow proper safety protocols, the healthcare provider or medical facility may be held liable.
How Do I Establish Negligence in a Burn Injury Lawsuit?
In a burn injury lawsuit based on negligence, several elements must typically be established to prove that the defendant was at fault. Negligence means that someone didn’t act carefully and that their carelessness caused your injury. Here’s how to establish negligence in a burn injury lawsuit:
- Duty of Care: The plaintiff must show that the defendant owed them a duty of care. In the context of a burn injury, this means that the defendant had a legal obligation to act reasonably and responsibly to prevent harm to others.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. This involves showing that the defendant failed to uphold the standard of care expected of them under the circumstances.
- Causation: The plaintiff must establish a causal link between the defendant’s breach of duty and the burn injury. This means demonstrating that the defendant’s actions or negligence directly caused or significantly contributed to the burn injury.
- Proximate Cause: The plaintiff must show that the burn injury was a reasonably foreseeable consequence of the defendant’s actions or negligence. This means that the harm suffered by the plaintiff was a natural and probable result of the defendant’s breach of duty.
- Damages: The plaintiff must provide evidence of actual damages resulting from the burn injury. This includes physical, emotional, and financial harm, such as medical expenses, pain and suffering, lost wages, and rehabilitation costs. The damages must be reasonably quantifiable and directly attributed to the burn injury.
What Compensation Can I Get for a Burn Injury Claim in New Jersey?
Burn injuries can be very painful and may require a lot of medical treatment. If you have suffered a burn injury, you might be able to get compensation to help cover your losses. Understanding the types of compensation available can help you get the support you need to recover. In New Jersey, several forms of compensation can be pursued in a burn injury claim, including:
- Medical Expenses: If your injury was caused by negligence, you may be entitled to compensation for all past, current, and future medical expenses related to the treatment of your burn injury, such as:
- Hospital bills
- Testing, like X-rays, MRIs, and blood tests
- Surgeries
- Copays for visits with doctors
- Prescription painkillers
- Skin grafts
- Mobility aids, such as wheelchairs or crutches
- Transportation in an ambulance
- Pain and Suffering: Pain and suffering are usually a significant part of the damages you will claim. Burn injuries can cause a lot of physical pain and emotional distress. The value of these damages depends on the specifics of each case.
- Lost Wages and Earning Capacity: If your burn injury keeps you from working, you can get compensation for the money you would have earned. This includes projected future earnings if your injuries preclude you from returning to work or from performing work that pays as much as you were previously earning.
- Disfigurement and Scarring: Burn injuries can leave permanent scars or cause disfigurement. You can get compensation for how these changes affect your appearance and your life.
- Rehabilitation and Therapy: If you have a burn injury, you might need rehabilitation and therapy to help you recover. Compensation can cover the costs of physical therapy, occupational therapy, and emotional support. This can help you get back to your normal life and manage the pain and stress from your injury.
- Loss of Enjoyment of Life: This type of compensation helps acknowledge the impact of your injury on your daily life and happiness. This includes hobbies, sports, or other activities you can no longer do because of your injury. It’s not just about physical pain but also about how the injury affects your overall well-being and enjoyment of life.
- Wrongful Death: If a burn injury leads to someone’s death, their family can seek compensation for wrongful death. This can cover funeral costs, lost income, and emotional pain from the loss.
- Punitive Damages: Punitive damages are extra payments meant to punish the person or company responsible for your injury and to stop them from being careless again.
What is the Statute of Limitations for Burn Injury Claims in New Jersey?
Most legal claims are governed by statutes of limitations, which set deadlines for filing claims. Failing to file a lawsuit within the statute of limitations can result in the court dismissing the case, barring you from seeking legal recourse for your burn injury.
In New Jersey, the statute of limitations for burn injury claims is generally two years from the date of the injury or accident that caused the burn. This means that individuals who have suffered a burn injury in New Jersey typically have two years from the date of the incident to file a lawsuit seeking compensation for their damages.
There may be exceptions or variations to the statute of limitations based on the circumstances of the case or the age of the injured party. An important exception exists for plaintiffs who were minors at the time they were burned. In these cases, the two-year countdown does not start until their 18th birthday, meaning that they have until their 20th birthday to file a lawsuit.
Why Do I Need a Burn Injury Attorney in New Jersey?
Suffering a burn injury can be a traumatic and life-altering experience, requiring extensive medical treatment and causing significant physical, emotional, and financial hardships. If you find yourself in this unfortunate situation in New Jersey, it’s important to understand the invaluable role of a New Jersey burn injury attorney.
They can help you with:
- Understanding the Law: We have an in-depth knowledge of the laws and rules about burn injuries in New Jersey. We can help you understand what you’re entitled to and make sure you follow the right steps to get the compensation you deserve.
- Handling Insurance Companies: Dealing with insurance companies can be complicated and stressful. We can handle the negotiations and make sure you get a fair settlement.
- Building a Strong Case: We will evaluate the strength of your case, gather critical evidence, and talk to witnesses to build a strong case. This can help identify liable parties and support your compensation claim.
- Maximizing Compensation: We will work hard to make sure you get all the compensation you need to cover your expenses and help with your recovery.
Call Our Shrewsbury NJ Burn Injury Attorney Now!
Burns can be very serious injuries. They can cause a lot of pain, and take a long time to heal. Following a burn injury, you deserve compassionate support, dedicated advocacy, and strong legal representation from our New Jersey burn injury attorneys.
At Kreizer Law, we understand the impact a burn injury can have on every aspect of your life, and we are committed to helping you navigate the legal complexities with skill and care. We understand the physical, emotional, and financial toll that such injuries can have on your life.
By entrusting your burn injury case to our personal injury law firm, you are ensuring that your rights are protected and that you have the best chance of obtaining the compensation you need to move forward with your life.
Contact us now to schedule a free consultation and begin the journey toward recovering the compensation you deserve. We are here to offer you the legal support and guidance you need during this challenging time. We also provide legal services in the following areas: