There is nothing easy about recovering from a burn or scald injury. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have seen the damage an out-of-control fire, a spilled chemical, or a live wire can inflict. It is nothing short of torture. We're determined to help those who have been burned get the money they need to fully recover.
Approximately 450,000 people in the U.S. receive medical treatment for burns annually.
Maybe one of your worst fears as a parent has come true: your child experienced immense pain due to someone else's carelessness. You're angry, but most of all, you're concerned. You want to ease the pain and provide your child with the best possible means of recovery. However, the medical bills are stacking up, and you're not sure whether you have the finances to afford the best care available.
Our team has the skill, the focus, and the experience that you'll need to take on the at-fault party. There are many personal injury lawyers in New York – but few with the expertise and resources to tackle burn injury litigation. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, is fully prepared to help both you and your loved ones secure the funds needed to recover as quickly as possible, whether you were injured in an apartment fire or from a hot water scald. For a free and comprehensive case evaluation, call our office today at (212) 986-7353.
There are a number of factors that make up the final amount, but ultimately, it comes down to two key components: how significant are your wounds, and how negligent was the person who caused them? So, an individual recovering from third-degree scalds on her feet, legs, and hands will almost certainly be able to collect more than someone suffering from a second-degree arm burn. There are exceptions to the rule, but in general – the greater the damage, the bigger the payout.
Compensation is divided into a few distinct categories. Courts usually consider the hard costs involved with burn victims first and then work their way into "soft" expenses. The following are some of the damages awarded by a judge and jury:
- Economic damages: Any costs associated with medical bills, emergency care, rehabilitation, surgery, life-sustaining efforts, and any long-term treatments that may be necessary fall under economic damages. This also extends to other factors, such as lost wages, physical damages to personal property, other third-party bills, and any expenses associated with the accident.
- Non-economic damages: These are the more "intangible" damages involved in civil suits – pain and suffering, loss of companionship, and emotional distress are placed into this category. Amounts can range and depend greatly on the damage inflicted and gross negligence displayed.
- Punitive damages: If the courts view the action surrounding your case as egregious, they may award punitive damages. These types of rulings are designed to "punish" the at-fault party for incredibly reckless actions. It is entirely at the discretion of the courts. However, punitive damages are typically hard to assess and are rarely applied to cases.
Q: Do I have a viable burn injury lawsuit?
A: Anyone who has sustained serious burn injuries due to the negligent actions of another party may be entitled to compensation for all related damages. Parents can file on behalf of their children. However, to have a strong case, you must take the proper steps after an accident to ensure that you retain supporting evidence for your claim. The first step is to get medical help. Second is to talk to an attorney.
The circumstances surrounding your burn will have a considerable influence on your legal options. For instance, if you were injured at work, you may file a workers’ compensation claim to receive medical coverage from your employer’s insurance. If you were injured due to a hazard on someone else’s property or a defective product, you may file a lawsuit against the property owner or product manufacturer. As for car accidents, you may be limited to filing a claim with your own insurance provider since New York is a no-fault state.
Q: What if I was partially at fault for the accident?
A: Your amount of fault in the accident may affect how much compensation you receive (barring workers’ compensation and most traffic accident cases, which exclude fault as a deciding factor). The amount of compensation you’re entitled to receive will be reduced by an amount that is proportionate to your percentage of fault in the accident.
Q: How soon should I file my burn injury claim or lawsuit?
A: As soon as you can. It is important to note that no matter how you have been burned, New York State has a time limit within which you may file your suit. This is a three-year window known as the statute of limitations and it begins from the moment of the accident. Failing to file your suit in that time can lead to a complete forfeiture of your right to seek damages. Don't let this happen to you.
When hot water or steam makes contact with skin, the results can be quite severe. Scald injuries can be incredibly painful and traumatic, and the associated medical costs can be sky-high. In many cases, victims are unable to return to work and lose out on much-needed pay during recovery. Furthermore, scald injuries are, for the most part, preventable.
If you have suffered a scald injury due to another party, you should not have to empty your savings account to pay for their mistake! Ask yourself: did the accident that led to the scald take place in a restaurant, in a motel or hotel, or on someone else’s property? If so, you may have a viable liability claim against the:
- Building/business owner or landlord
- Any hired personnel
- Leasing agent
- Maintenance company
Scald injuries are also commonly caused by rapid and unexpected changes in water temperature, which can occur due to:
- Malfunctioning thermostats
- Defective water heaters
- Other shoddy water-based equipment
If the above applies to your case, you may bring a product liability lawsuit against the manufacturer of the involved product.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has the experience, the determination, and the resources to help you obtain a just and fair award for your burns. Don't let those responsible for your scars walk away; you deserve more than that, as does your family. Let our team of dedicated New York personal injury lawyers represent your interests and obtain the compensation you need to fully recover.
Our office number is (212) 986-7353. You can also reach us using the contact form found on this page. Contact us today to schedule a free case evaluation.
- How to Include Skin Grafting in a Burn Injury Claim
- Fire Safety Tips: How to Avoid Burn Injuries
- Protect Yourself from Burn Injuries in Tanning Beds: Know the Risks
- American Burn Association
- Burn Centers in New York
NY Burn Injury Verdicts & Settlements
$2.3 Million - Infant Burned in NYC Shelter
$1.3 Million - Construction Accident: Burns around thigh & groin area
$1.3 Million - Electrician suffers serious burns over 75% of his body
$850,000 - Musician burned by generator