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Hundreds of thousands of people suffer burn injuries in the U.S. every year. There were 398,000 burn injuries in 2021 that required medical treatment, according to a survey conducted by the Centers for Disease Control and Prevention.
If you have suffered a burn injury due to the negligence or intentional action of another person in New York, you may be able to obtain significant monetary compensation for your injuries, medical expenses, and pain. How much you may get in a settlement will depend on how severe your burn injury is, the defendant’s intent, and other factors.
At Rosenblum Law, our experienced personal injury attorneys will fight to get every dollar you are entitled to for your burn injury. Contact us today for a free consultation.
Understanding Burn Injuries
The severity of burn injuries can vary from minor sunburns to deep-tissue burns that require immediate medical attention. The most severe burns can be life threatening.
Minor burns are known as first-degree burns and affect only the outer layer of skin, the epidermis. The pain is usually minimal. Second-degree burns affect the epidermis and also the second layer of skin, the dermis. The pain can be severe, and there could be scarring. Third-degree burns are incredibly painful and reach beyond the skin into the fat layer, which can result in destruction of nerves, causing numbness.
Understanding Burn Injury Settlements in New York
Receiving monetary settlement will require the plaintiff to demonstrate the defendant’s liability and the resulting damages. In particular, proving the defendant is liable will require showing that:
- The defendant had a legal duty of care owed to the plaintiff under the particular circumstances.
- The defendant breached this duty of care by failing to act or by acting (deliberately or negligently) in a specific way.
- The defendant’s actions or inaction actually caused the plaintiff’s burn injuries.
If the plaintiff can clearly demonstrate all of these elements, they will be in a good position to request a reasonable settlement from the defendant without going to court.
Factors Affecting a Burn Injury Settlement in New York
A burn injury settlement in New York can reach hundreds of thousands or even millions of dollars. That said, it is impossible to predict how much someone could receive in a settlement for a particular burn injury. This will depend on a number of factors, including:
- The severity and extent of the burns. This is the most important factor, as it will largely determine compensable damages (see below). Generally, the more serious the burn, the more the victim is entitled to in a settlement.
- The nature and scope of the injury. Burns that cause extensive scarring, especially on more visible parts of the body, will drive up the settlement amount.
Compensable Damages in a Burn Injury Case
Here are some of the damages one can allege in a burn injury case for which you could receive compensation in a settlement.
- Any lost wages from not being able to work due to the burn injury. Also, for some more severe burn injuries one’s earning ability may be hampered. Future care expenses may also be significant especially if the burn injury causes permanent disability.
- How much pain and suffering the victim has experienced as a result of the injury. This can include non-economic damages like emotional distress and diminished quality of life.
- Any current and future medical expenses that resulted from the injury.
- Any mental health counseling costs the victim incurred. Because of the extreme emotional distress of a serious burn, the victim may have required counseling or therapy.
If the victim ends up dying from the burn injuries, his or her family and loved ones may also be able to obtain wrongful death compensation.
How an Attorney Can Assist Burn Injury Victims in New York
A burn injury victim does not have to fight a legal battle alone if he or she hires a competent attorney. The attorney will gather the necessary evidence for building a strong legal case. This would include obtaining related medical records as well as expert testimony. A strong case that is backed by solid evidence can help in negotiating with the opposing party and reaching a satisfactory settlement without going to court.
FAQs
The potential amount of monetary compensation for a burn injury settlement is based upon the severity of the injury, intentionality of the defendant, and the ability of the defendant to pay. Certain burn injuries can be worth hundreds of thousands or even millions of dollars.
You can recover compensatory damages as well as punitive damages. Compensatory damages are aimed at restoring you back to the position or condition you would be in if the injury never occurred. On the other hand, the objective of punitive damages is to punish the defendant and deter others from the same type of negligence or actions that led to harming the plaintiff.
It really depends on the complexity of the case. Usually a burn injury lawsuit can take from a couple of months to years to settle.
Whether the opposing party’s settlement offer is adequate depends on the circumstances of the case. If your legal position is quite strong, it may make sense to reject a low settlement offer for a potentially higher award through litigation. However, there is a risk of losing the court case and receiving less or no compensation.
Yes. If the opposing party’s settlement offer is not enough, you can file a lawsuit against the party that caused your injury.
Yes. You can still file a lawsuit even if your actions contributed to causing the injury. However, the more your own actions contributed to the injury the more your compensation will be reduced.
Compensation received for the physical injury is generally not taxable, except for the portion of the settlement that is specifically for medical expenses that you had previously deducted from your federal taxes in prior years. Damages awarded specifically for loss of wages are also counted as income. Also, all punitive damages awarded must be reported as income on your federal taxes.
Call a Rosenblum Law Personal Injury Lawyer for a Free Consultation
Because there are numerous factors that could influence the value of a burn injury settlement, it is a good idea to seek legal representation from a competent and experienced attorney. Rosenblum Law’s personal injury attorneys have considerable experience representing personal injury plaintiffs of all sorts, including burn victims.
Our attorneys are capable of vigorously advocating for your rights to compensation for your injuries. This includes negotiations with insurance companies as well as the defendant. Rosenblum Law attorneys will provide you with the best legal strategy available to maximize the settlement amount for your injury. Contact us now for your free initial consultation.
Last updated: Nov 26, 2024
