New Jersey Burn Injury Attorney

With approximately 450,000 burn injuries occurring in the U.S. each and every year, it can feel like there are dangerous hazards lurking everywhere. From faulty home appliances to workplace accidents, the risk of encountering a serious, or even fatal, burn seems high. Even more devastating is when the burn is caused due to another person’s negligent actions or a defective product.

After sustaining a serious burn injury, you might be wondering what, if any, recourse you have. Contacting a burn injury attorney at Sadaka Law is the first step in understanding and protecting your rights.

Understanding Burn Injuries and Their Severity

Burns vary drastically in their severity, which is why they’re classified into degrees, ranging from first-degree burns to sixth-degree.

• First-degree: A first-degree burn is relatively minor and affects only the top layer of skin. You may experience redness, minor swelling, and mild pain. Examples of first-degree burns include sunburns or brief contact with a hot surface, like the burner of a stove.
• Second-degree: A second-degree burn damages the outer layer of skin and part of the second layer. This may occur due to short contact with flames or hot objects as well as serious sunburn. You likely won’t have a claim for a second-degree burn unless it led to significant medical expenses, such as if it covers a large surface area or impacts a particularly sensitive region.
• Third-degree: A third-degree burn destroys the outer and inner layers of skin, potentially damaging the deeper tissues as well. It may happen due to contact with a scalding liquid, flames from a fire, or a hot object for an extended time. You may have a legal case for burns that are third-degree and higher, as they often involve medical treatment and significant pain.

Burns classifications above third-degree are typically not used in the context of medical treatment due to the catastrophic nature of such injuries.  Rather, burns of this nature are usually categorized by a forensic pathologist.

• Fourth-degree: A fourth-degree burn extends into the fat layer below the skin, known as the hypodermis. These typically occur from extended contact with high heat, flames, and chemicals. Symptoms include a charred-looking or white appearance around the affected area, numbness, and swelling.
• Fifth-degree: A fifth-degree burn reaches the muscle. Accidents like fires, explosions, and industrial incidents are the most common causes. These burns often lead to serious wounds that expose the bone, systemic complications, and organ failure.
• Sixth-degree: The most serious type of burn, a sixth-degree burn, is almost always fatal. These burns reach the bone and, even in the best-case scenario, would at least require amputation.

It’s unlikely that a first or even second-degree burn would warrant a lawsuit (absent some other circumstances), but a burn that ranges from third-degree to sixth-degree is severe enough to at least consult with a burn injury attorney to explore your legal options.

Common Causes of Burn Injuries

When the skin comes into contact with heated surfaces and certain chemicals, it can lead to something called a thermal burn. Whether an injury occurs often depends on both the temperature and the duration of exposure.

While the actual causes of burns can be infinite, they typically fall into the following categories:

• Heat burns: Common sources of heat burns include flames, hot liquids, hot surfaces, and radiation burns. If you work in a kitchen, handle hot items without protective gear, or were involved in a fire in the home, workplace, or vehicle, you may have suffered from a heat burn.
• Chemical burns: Many people are surprised to learn that chemicals can also burn the skin. Industrial products often contain chemicals that burn the skin. Even seemingly innocuous household products like bleach, drain cleaners, ammonia, and disinfectants can lead to a burn.
• Electrical burns: Electricity is essential for modern living, but it can also be dangerous. Contact with live wires can cause tissue and nerve damage, cause cardiac arrest, and even burn internal organs. People working in construction, factories, or as electricians are at a significantly higher risk of electrical burns.
• Flash burns: As the term suggests, a flash burn is short and intense. Explosions, fireworks, welding, and electrical arcs are all common sources of flash burns.

Where Do Burn Injuries Occur?

According to the World Health Organization, burn injuries mainly occur in the home and workplace, but vehicle accidents are also another source of burns. Knowing the most common causes of burns can help you recognize potential hazards, take necessary precautions to prevent serious injuries, and seek legal recourse from a burn injury attorney when warranted.

• Workplace accidents: Some high-risk jobs include construction, manufacturing, oil and gas, food service, electrical work, and healthcare. Employers should follow OSHA safety regulations to minimize burn hazards.
• Residential accidents: A lot can go wrong at home, including house fires from candles and electrical malfunctions, faulty appliances, scalding accidents, flammable household products, and gas explosions. Taking preventative measures by having smoking alarms and knowing basic fire safety can help reduce the risk of these occurrences.
• Vehicle accidents: Crashes can cause massive injuries, including burns from defective vehicle parts, faulty airbags, and explosions. A burn injury attorney will evaluate the circumstances of the accident to determine whether another driver’s negligence, a manufacturer, or another third party bears the brunt of the liability.

Liability for Burn Injuries in New Jersey

Often, no matter how careful you are, another party’s negligence can cause an injury. Depending on the circumstances, one or more of the following parties can be liable for your injury:

• Property owners: The owner of a property has a duty to keep premises reasonably safe while warning of dangerous conditions, such as those that could lead to burns.
• Employers: A burn injury that occurs at work or during the course of your duties could be the result of a safety violation. In addition, you may be eligible for workers’ compensation benefits.
• Product manufacturers: A product could have an overall defective design, have a one-off defect from the manufacturing line, or contain inadequate information regarding proper usage or warnings.
• Negligent drivers: Collisions with other drivers or objects can lead to fires or explosions.

Legal Rights & Compensation for Burn Victims

Burn injury compensation may be available, and the amount depends on a variety of circumstances, including the severity of your injuries and whether there is any shared fault between you and the other parties.

Types of compensation include:

• Coverage for medical expenses and skin grafts, surgeries, and rehabilitation
• Compensation for lost wages and diminished earning capacity
• Pain and suffering damages, including emotional trauma
• Considerations for permanent disfigurement and long-term care

Evidence Needed To Prove a Burn Injury Case

Most burn injury cases involve working with an insurance company to establish negligence and liability, and then assign a value to a claim. Because insurance companies are for-profit enterprises, they actively seek ways to minimize the value of a claim or deny liability altogether.

By working with a burn injury attorney, you can build a case. When the evidence is on your side, it’s more difficult for the other party to deny fault, which can help maximize the total amount of compensation.

A burn injury attorney may gather the following information:

• Medical records documenting the cause and extent of the injuries
• Expert analysis of burn severity and long-term life impact
• Workplace and accident reports supporting liability claims
• Surveillance footage and eyewitness testimonies of the scene

The evidence collected should paint a full picture of what happened, including the events that led to your injury and whether negligence was involved. Based on the quality and quantity of the evidence, a burn injury attorney will construct a case to present to the other side during settlement negotiations or in the courtroom at trial.

Statute of Limitations for Burn Injury Claims in New Jersey

Acting promptly to pursue legal action after a burn injury is essential because New Jersey law imposes a statute of limitations that dictates how long you have to file a lawsuit after the occurrence of an injury.

In New Jersey, the statute of limitations for burn cases is two years, though there are exceptions. For example, in the case of a minor, the clock doesn’t start to run until the minor turns 18. Similarly, for wrongful death claims, the statute of limitations applies to the date of death, not the date of the injury.

Because a case can be dismissed if that statute of limitations has expired, it’s important to consult with a burn injury attorney as soon as possible.

Available Treatments for Burn Injuries in New Jersey

Because burn injuries can be so traumatic, they require immediate attention and can have long-term, life-altering effects. Fortunately, New Jersey is home to several specialized burn centers with experienced medical professionals.

When there is extensive tissue damage, a doctor may recommend skin grafting or reconstructive surgery with ongoing physical therapy. If a burn injury causes permanent damage, psychological trauma, and PTSD, long-term rehabilitation and psychological support options may be warranted.

Why You Need a New Jersey Burn Injury Attorney

Burn injuries are an especially catastrophic type of injury, which can result in extensive medical expenses, lost wages, and painful long-term suffering. Seeking legal representation from a burn injury attorney is critical to help you navigate the intricate legal complexities of your claim and fight for fair compensation.

The role of a burn injury attorney is to represent your best interests – from start to finish. This includes investigating the cause of the injury, determining negligence, and building a strong case.

The role of an attorney in investigating and proving negligence is to establish a case in your favor. It is inherently unfair to bear the burden, expense, and pain due to another party’s negligent or reckless behavior.

At Sadaka Law, we recognize how difficult it is to piece your life back together in the aftermath of a burn injury. Our empathetic team takes a proactive role in a burn case by gathering evidence and negotiating with insurance companies to protect your rights and help maximize compensation.

To discuss your case with an experienced burn injury attorney, call us at (800) 810-3457 for a free consultation.