Have your devastating burns caused severe disfigurement, mental anguish, or extensive financial losses? Do you have reason to believe someone else is culpable? If so, do not hesitate to take action against them.
With help from a respected Brooklyn burn injury lawyer at Tucker Law, you can maximize your financial compensation and ensure those responsible are held accountable to the fullest extent of the law. Learn more about what your next steps should be when you contact our personal injury law firm for a 100% free consultation.
Accidents that Cause Burn Injuries in Brooklyn
Burn injuries are one of the most common types of injuries victims suffer in Brooklyn. This is, in part, because there are many different types of accidents that have the potential to result in catastrophic burns.
Many of these accidents happen on the job. Whether you work in construction, manufacturing, on the Hudson River, or drive for a living, under the worst circumstances, burn injuries are possible. Some of the most common types of accidents known for causing burn injuries in Brooklyn include:
- Tractor-trailer accidents
- Medical malpractice
- Pedestrian accidents
- Car accidents
- Electrocution
- Nursing home abuse
- Bicycle accidents
- Motorcycle accidents
- Premises liability accidents
- Malfunctioning or defective product accidents.
These are only a few accidents that our burn injury legal team handles. If you were injured in another type of accident that we did not include in the list above, do not hesitate to contact our law firm to discuss the grounds needed to file a personal injury claim and what is next for your case.
How a Brooklyn Burn Injury Attorney Can Help
After suffering catastrophic burns, contacting a lawyer for help may be the furthest thing from your mind. You may be undergoing extensive medical treatment, skin grafts, reconstructive surgery, and struggling to cope with the psychological toll of your injuries.
While you deal with the ways your life has been affected by your injuries, a legal advocate can work tirelessly to advocate for the compensation you are entitled to. Our burn injury lawyers can demand justice by:
- Investigating how your burns happened
- Gathering evidence needed to support your case
- Reviewing the evidence to reveal the identities of liable parties
- Going over the various ways your life has been affected by your injury and calculating the value of your economic and noneconomic damages
- Filing claims with the insurance company and negotiating with insurance adjusters
- Attempting to settle your case outside of court with the liable party
- Presenting your burn injury lawsuit at trial.
Defining Fault for a Burn Injury in Brooklyn
If you hope to recover compensation for your Brooklyn burn injuries, we must determine who is at fault. The only way a jury will return a verdict in your favor is if your attorney can demonstrate how the elements of negligence were met in your case. These elements include:
- The defendant owed you a duty of care.
- Somehow, the defendant breached their duty of care.
- This breach in the duty of care was the cause of your burns.
- Your burns significantly affected you physically, emotionally, financially, psychologically, or in other substantial ways.
When you file a burn injury lawsuit, the burden of proof is based on a preponderance of the evidence. Unlike criminal court, where guilt must be proven beyond a reasonable doubt when you file a civil lawsuit, the evidence your attorney presents must convince the judge and jury presiding over your burn injury case that the respondent is responsible for the accident.
This means the evidence presented must be compelling. Some examples of the most convincing evidence could include:
- Burn injury photos
- A video of the accident that caused your burns
- Accident reconstructionist testimony
- Bystander statements
- The defendant’s own testimony
- Copies of the defendant’s chemical blood alcohol results
- Personal journal entries
- Copies of your medical records and a physician’s diagnosis and prognosis
- Accident reports and police testimony
- Safety inspection records.
Determining Negligence in a Brooklyn Burn Injury Case
The evidence we obtain in the course of our burn injury investigation will uncover the identity of anyone and everyone who may have played a part in causing your injuries. Generally, the type of accident that caused your burn injuries in Brooklyn will help us determine negligence and fault.
For example, if your burns occurred in an electrocution accident at work, you may be able to sue:
- Your colleagues
- Protective equipment manufacturers
- Equipment designers and distributors
- Your boss or supervisor
- Your employer.
Alternatively, if your burn injuries happened in a car crash, you might have the right to sue the driver that hit you, government agencies and municipalities (including Brooklyn officials), and even auto parts designers, distributors, and manufacturers.
Although it may seem overwhelming to think that several parties may share the blame for your injuries, it is important to remember that the more parties that share fault for your injuries, the greater your opportunities of recovering your losses in full.
Damages and Compensation for Burn Injury Victims in Brooklyn
Your burn injury lawyer in Brooklyn will ensure you maximize your financial compensation by accurately calculating the value of your claim. We will carefully analyze your economic and noneconomic damages, whether we file a claim with the insurance company or bring your case to trial, so we know exactly how much your case is worth.
Examples of potentially recoverable damages following a severe burn accident include:
- Physical pain and suffering
- Medical bills
- Personal property losses
- Diminished earning potential
- Loss of enjoyment of life
- Loss of household services
- Mental anguish
- Loss of consortium.
Connect With a Brooklyn Burn Injury Lawyer for Help Today
There is no reason you should have to absorb the impact of someone else’s wrongful or negligent actions. Your debilitating burns are enough. Demand the liable party compensate you fairly for your suffering.
Reach out to an experienced Brooklyn burn injury lawyer at Tucker Law today to schedule a no-cost, risk-free consultation and get the most out of your personal injury claim.
Brooklyn Burn Injury FAQs
If you are feeling intimidated thinking about pursuing legal action, you are not alone. Many burn injury victims like you are overwhelmed after such a traumatic experience. To help you feel empowered as you heal and begin your fight for justice, we have answered some of the top questions about burn injury claims below:
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Will I have to go to court?
No one wants to have to bring their burn injury case to Brooklyn civil courts. Unfortunately, sometimes it is necessary. While your injury lawyer will do everything possible to avoid a trial, if the at-fault party does not have enough insurance coverage to meet your needs or is unwilling to settle your claim fairly, holding them accountable in civil court may be the best way to recover your damages in full. You do not need to feel intimidated if your case goes to trial, as you can rely on your burn injury lawyer to handle every little detail on your behalf.
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What is the statute of limitations for burn injury lawsuits?
Time is limited to file a burn injury lawsuit. According to New York Code CPLR 214(5), personal injury lawsuits, including burn injury claims, must be filed within three years of the incident. Although there may be some instances in which you could have more or less time to file your claim, three years is generally the maximum amount of time you have to file suit. The sooner you get started on your case, the less likely it is you will be barred from pursuing the compensation you would have been entitled to due to missing this critical deadline.
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What happens if I am accused of sharing fault for my injuries?
There is good news if you are partially responsible for causing your burns. New York follows pure comparative negligence laws. This means if you are partially to blame for causing the accident or your subsequent burn injuries, you can still be awarded compensation for your losses. However, expect your settlement to reflect a shared fault deduction. The amount of compensation that will be reduced from your settlement will correlate with your portion of the fault. So if you were 40% at fault for your burn injuries, expect to recover 60% of your settlement.
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Can I file a burn injury claim on behalf of my child?
If your child suffers devastating burn injuries, you may have the right to hold the liable party accountable on their behalf. As their legal guardian or parent, it is up to you to fight for justice. However, since the statute of limitations might be paused temporarily until they reach the legal age of pursuing their case, it is important to discuss your options with an experienced burn injury attorney. The sooner you get started, the more likely it is you will have the financial support you need to get your child the medical treatment they need and ensure they have access to the funds they may require as they grow up and enter adulthood.
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Should I give a statement to the insurance company?
It is usually not a good idea to give a statement to the insurance company. Insurance adjusters are polite and friendly, but they will always prioritize their company’s needs above yours. The insurance company loses money by settling burn injury victims’ claims, so do not expect them to provide you with the compensation you are entitled to. The insurance adjuster will likely attempt to use anything you say to reduce your settlement. If you must give a statement to the insurance company, try to remain factual, give them as little information as possible, or direct them to your burn injury attorney, who will ensure the insurance company does not attempt to take advantage of you during this challenging time in your life.
Third-degree burns and other severe burn injuries can be life-changing. If you have additional questions we did not cover here, be sure to reach out to our legal team for specific answers and to get started on your case against the liable party.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]