Burn injuries often cause extreme emotional trauma, continuous medical costs, and long-term incapacity, in addition to physical damage. Gaining just compensation depends on knowing how these injuries affect your claim. The outcome of your legal case is much shaped by the degree of your burns, the degree of trauma you experienced, and the events causing your injuries.

Different Types of Burn Injuries

Burn injuries are classified into various degrees based on severity, each requiring unique medical and legal considerations:

  • First-degree burns: Affect only the outer skin layer, causing redness and discomfort.
  • Second-degree burns: Penetrate deeper layers of skin, leading to blistering and intense pain.
  • Third-degree burns: Damage all layers of skin and underlying tissue, often necessitating extensive medical treatment, skin grafts, and surgeries.
  • Fourth-degree burns: Most severe, involving muscle and bone damage, frequently resulting in permanent disability or death.

Common Causes of Severe Burns

Knowing frequent burn causes will enable you to find flaws in your claim. Leading causes in Buffalo include:

  • Car accidents and vehicle fires
  • Workplace accidents, especially in industries involving hazardous materials
  • Electrical accidents due to defective wiring
  • Explosions and fires caused by defective products or equipment
  • Apartment or residential fires due to landlord negligence

Burn injuries account for nearly 450,000 hospitalizations in the U.S. each year, highlighting the importance of awareness and prevention.

Types of Damages in Burn Injury Lawsuits

Pursuing a burn injury claim in Buffalo allows you to seek different kinds of reimbursement to cover both physical and emotional losses:

  • Medical Expenses: Current and future treatment costs, surgeries, medications, rehabilitation, medical equipment, nursing care, and ongoing therapy.
  • Lost Wages: Compensation for missed work due to hospitalization or long-term disability, including potential loss of earning capacity due to permanent injuries.
  • Pain and Suffering: Physical pain and emotional trauma resulting from your injuries, accounting for daily challenges and long-term physical discomfort.
  • Loss of Quality of Life: Damages for permanent scarring, disfigurement, or disability that negatively affect your ability to engage in social, recreational, or familial activities.
  • Emotional and Psychological Distress: Financial recognition of mental health issues such as PTSD, anxiety, depression, and chronic emotional suffering resulting from your injuries.
  • Loss of Consortium: Compensation for the impact the injuries have on your relationships with your spouse or family, recognizing diminished companionship, affection, and support.
  • Punitive Damages: Occasionally awarded when injuries result from gross negligence, malicious intent, or reckless disregard for safety, designed to punish the responsible party and deter similar conduct in the future.

Buffalo burn injury attorney

How Your Emotional Trauma Affects the Compensation in Burn Injury Cases

The emotional and psychological aftermath of burn injuries can profoundly impact your life, often leading to depression, anxiety, PTSD, and a diminished quality of life. Courts in Buffalo recognize emotional trauma as a legitimate form of damage, significantly influencing compensation amounts. Documenting psychological treatment and mental health diagnoses will strengthen your case.

Who Is Eligible to File a Burn Injury Lawsuit in Buffalo?

Determining eligibility is crucial when filing your claim. You may be eligible to file a burn injury lawsuit if:

  • You sustained burns due to someone else’s negligence or reckless behavior
  • Your injury occurred within the statute of limitations period for personal injury in New York
  • You have documentation of medical expenses, lost wages, or emotional distress

Who Can Be Held Liable for Burn Injuries?

Liability in burn injury cases depends heavily on the circumstances surrounding your injury. Potential parties who can be held accountable include:

  • Negligent Employers: Employers who fail to maintain safe working conditions, provide proper training, or equip employees with appropriate protective gear.
  • Property Owners and Landlords: Individuals or entities responsible for maintaining safe living conditions who neglect fire safety codes or building maintenance or fail to provide adequate fire safety measures such as alarms or extinguishers.
  • Product Manufacturers and Sellers: Companies that produce or distribute defective products, appliances, or electrical devices that cause fires or explosions.
  • Negligent or Reckless Drivers: Motorists who cause accidents leading to vehicle fires due to careless driving, intoxication, or violation of traffic laws.
  • Utility Companies: Providers responsible for electrical or gas infrastructure whose negligence leads to fires or explosions due to faulty equipment, improper maintenance, or inadequate safety protocols.
  • Third Parties: Contractors, subcontractors, or maintenance companies whose negligence during construction or repairs contributes to hazardous conditions resulting in burns.

Prompt identification of all responsible parties is crucial for a thorough and successful burn injury claim.

How Long Do I Have to File My Burn Injury Lawsuit?

In New York State, the statute of limitations for personal injury lawsuits, including burn injuries, is typically three years from the date of the injury. It is vital to note certain exceptions and special circumstances that can affect this general timeframe. For example:

  • If the injury was not immediately discoverable, the statute of limitations may begin from the date you discovered or should have reasonably discovered the injury.
  • If the responsible party is a government entity, different and often shorter time limits apply, typically requiring a notice of claim within 90 days and a lawsuit within one year and 90 days.
  • Minors injured by burns often have extended timelines, typically having until three years after their 18th birthday to file a lawsuit.

Due to these complexities, it is imperative to consult a burn injury attorney as soon as possible to make sure that all deadlines are met, and your claim remains viable.

Get Legal Help from a Buffalo Burn Injury Attorney Lawyer Today

Should your burns from another’s carelessness be severe, you are entitled to sympathetic but strong representation. At O’Brien & Ford, we have a great deal of expertise in representing burn victims, guiding them through difficult legal procedures, and tenaciously advocating for the highest compensation. For a free consultation and to start the road towards justice and healing, get in touch with our Buffalo burn injury lawyers right now.