Burn injuries can have a long lasting and devastating effect on every aspect of your life. While the physical damage from these injuries can lead to disfigurement and chronic pain, the psychological damage can also have permanent effects as well.
If you believe your injury was caused by another person’s negligence, you may be able to file a personal injury lawsuit to obtain compensation for the various damages you have experienced. The Pagliara Law Group’s New Jersey burn injury lawyers can review your claim in a free, no obligation legal consultation and determine if you have a valid claim. If you do, and you decide to proceed with our firm, we will not charge legal fees unless you receive compensation.
HOW OUR ATTORNEYS HELP YOU
When a burn injury occurs, the victim knows he or she should seek medical treatment. However, after that, many victims are unsure about the next steps they should take.
The New Jersey burn injury lawyers at our firm understand the confusion felt by burn victims. We can advise you of your legal options and guide you through every step of the legal process and be here for you.
When you contact our firm, we will review your claim in a free, no obligation legal consultation. We will determine if you have a viable claim and what you might be able to recover if you pursue a claim.
There is no obligation to pursue your claim with our firm, but if you choose us to represent you, we will do so on contingency. This means there is no fee unless you recover compensation.
Once you give us the go ahead, our lawyers will begin building a case to help you obtain all of the compensation you deserve. This includes:
CONDUCTING AN INVESTIGATION
We will conduct an extensive investigation to compile all of the relevant evidence about the accident and your injuries, including:
- Pictures of the accident scene and your injuries
- Medical records
- Police report, if one was filed
- Statements from witnesses
NEGOTIATING FAIR COMPENSATION
At any point during the investigation or after we file a claim, the defendant may reach out to attempt to settle. Defendants often do this to avoid the extra expense of a trial.
Our New Jersey burn injury lawyers are open to settling your claim, but we will only accept a fair offer. We will carefully evaluate the damages you suffered to determine a fair amount of compensation. If the other side does not offer an amount that we think is fair, we are fully prepared to proceed to trial.
HANDLING A TRIAL
Many personal injury cases do not reach trial, as both sides are able to agree on a fair settlement before the case reaches the courtroom. However, there is always a possibility of a case reaching trial.
This scares a lot of claimants, even causing some to not even bother contacting an attorney because they are afraid to go through a trial.
Fortunately, our personal injury attorneys have many years of combined experience trying cases in court. We know how to manage every aspect of a trial and can advise you on precisely what your role will be. We understand a trial brings a lot of anxiety and we will do our best to prepare you so you know what to expect.
If you suffered a burn injury, our New Jersey burn injury attorneys can aggressively pursue the justice and compensation you deserve.
COMPENSATION FOR A BURN INJURY CLAIM
You could be entitled to various forms of compensation for your burn injury, including:
SPECIAL DAMAGES
These are also called economic damages because there is a defined monetary value associated with the damages you suffered. Special damages include:
MEDICAL BILLS
If your injury was caused by negligence, you may be entitled to compensation for all past, current and future medical expenses related to the burn injury treatment, such as:
- Surgeries
- Skin graft
- Prescription painkillers
- Mobility aids, such as wheelchairs or crutches
- Hospital bills
- Transportation in an ambulance
- Copays for visits with doctors
- Testing, like x-rays, MRIs and blood tests
LOST WAGES AND LOST EARNING CAPACITY
You can also obtain compensation for wages lost due to your injury. For instance, you can obtain compensation for the days you missed work due to your injury, whether you were physically unable to work or were receiving medical treatment.
You may also be able to obtain compensation for the effects of your injury on your earning capacity. For instance, maybe your injury prevents you from working at your previous job or doing so in the same capacity as before. You may have to get a new job because of your injury.
Whatever the case may be, you could be entitled to compensation to make up for the earning capacity you have lost due to physical or mental limitations created by your injury.
DAMAGED PROPERTY
If some of your personal property was damaged when your injuries occurred, you may also be able to recover compensation to have it repaired or replaced.
GENERAL DAMAGES
Unlike special damages, general damages do not have defined monetary values. These include things like:
- Physical pain
- Emotional suffering
- Physical disfigurement
- Physical impairment
- Loss of companionship, if your injury affects your relationship with family members
- Loss of quality of life
These damages can have just as negative of an effect on your life as special damages, even though it is difficult to precisely quantify how much these damages are worth.
Our New Jersey burn injury lawyers are committed to recovering compensation for all of the damages you have suffered. We can also advise you on how to document general damages to make your claim stronger.
CAUSES OF BURN INJURIES
The skilled lawyers at our firm are prepared to take on cases involving burn injuries that occurred in a wide variety of situations, including:
- Car accidents
- Truck accidents
- Construction accidents
- Natural gas or propane explosions
- Chemical burns
- Building fires
- Welding fires
- Arson
- Farm equipment accidents
- Burns caused by electrocution
- Fires caused by appliances, like furnaces, water heaters or gas grills
- Burns caused by hot water or oil
These accidents are often caused by negligence, such as:
- Reckless driving by truck drivers or operators of traditional passenger vehicles
- Companies producing and distributing dangerous products, like home appliances or equipment or other materials used on construction sites
- Failing to institute and follow proper safety protocols on a construction site
- Poor work by an electrician to repair or install wiring
- Blocking or locking an exit when it should be left open
Our experienced attorneys know how to establish negligence in a burn injury case. If you think negligence was the cause of your injury, schedule a free legal consultation today.
ELEMENTS OF NEGLIGENCE
Most personal injury cases, including burn injury cases, are based on the theory of negligence. This theory has four elements that must be established for your claim to have a chance of success:
DUTY OF CARE
Your lawyer must establish that the at-fault party owed you a duty of care. In other words, you must show that there was a legal requirement for the at-fault party to act with reasonable care to prevent you from suffering an injury.
For example, drivers owe a duty of care to others on the road to avoid dangerous maneuvers that increase the risk for an accident. Product manufacturers owe consumers a duty of care to produce safe products that do not create an unreasonable risk of harm.
BREACH OF DUTY OF CARE
The next thing you need to establish is that the at-fault party did not uphold this duty of care because of his or her reckless or intentional actions.
CAUSATION
You must show a direct link between the breach of duty of care and your burn injury. In other words, you must show that you would not have suffered an injury if not for the defendant’s actions.
DAMAGES
The final element of negligence involves the effects of the injuries you suffered. These are also known as damages, and they include medical bills, lost wages, pain and suffering, and many more.
STATUTE OF LIMITATIONS FOR BURN INJURY CLAIMS
Most legal claim are governed by statutes of limitations, which set deadlines for filing claims. If you do not file a claim before the statute of limitations expires, you are prohibited from doing so.
Burn injury claims are governed by New Jersey’s personal injury statute of limitations, which says claims must be filed within two years of the date your cause of action accrues. This means two years from the date of your injury.
However, if you did not know at the time of your injury that it may have been caused by negligence, the statute could be extended by the discovery rule. Under this exception, the statute of limitations does not begin to run or toll until the date you discover or reasonably should discover that you may have grounds to file a lawsuit.
If your loved one died due to burn injuries and you want to file a wrongful death lawsuit, the statute of limitations is two years from the date of death.
The best way to determine when the statute of limitations for your claim expires is to meet with an experienced New Jersey burn injury lawyer.
The lawyers at our firm can determine how long you have to file a lawsuit and ensure your claim is filed before you run out of time.
TYPES OF BURNS AND HOW TO TREAT THEM
Burn injuries are placed in one of three categories based on the severity of the injury, with third-degree burns being the worst and first-degree burns being the least damaging.
FIRST-DEGREE BURNS
These damage the outer layer of skin only and cause pain, redness and swelling. A common example of a first-degree burn is a sunburn.
In most cases, victims of first-degree burns do not require much, if any hospitalization. These injuries usually heal within a few days or a week.
SECOND-DEGREE BURNS
These are burns that reach the second layer of skin, resulting in redness, wetness, pain and blisters that may ooze. It could take a month or more for these burns to heal.
If a second-degree burn is deep enough, it can become a third-degree burn in several days.
THIRD-DEGREE BURNS
These burns often occur when someone is on fire. They cause damage to all layers of the skin and may even reach bones, muscles and tendons. The area that is burned often appears pale or charred and there is no pain in the area because the nerve endings have been completely destroyed.
These burns often leave victims permanently scarred and disfigured. Victims often need skin grafts to cover the burned areas.
Unfortunately, even with treatment, victims could suffer chronic pain from the injury.
CONTACT A NEW JERSEY BURN INJURY ATTORNEY NOW
If you suffered a burn injury caused by negligence, you need strong legal representation to potentially improve your chance of recovering compensation for all of the damages you have experienced.
A New Jersey burn injury lawyer can determine if you have a case and represent your best interests throughout the legal process.
At the Pagliara Law Group, we have seen the damage caused by severe burns and understand how compensation can help victims manage the financial and emotional toll of their injuries.
We take all personal injury cases on a contingency fee basis, so there is no charge for your initial consultation and there will be no legal fees unless there is a favorable resolution of your claim.
201-470-4181
