New Jersey Burn Injury Lawyers

Burn injuries, ranging from light sunburns to deadly explosions, can occur at home, at work, or on the road. These injuries can be extremely painful. Victims can take months or years to heal. They often are left with disfiguring scars. A burn injury lawyer can help victims fight for the compensation they deserve while the focus on recovery.

The burn injury lawyers of Davis, Saperstein, & Salomon, P.C., have decades of experience with helping burn injury victims in New Jersey and New York. Contact us today to learn more.

The American Burn Association reports that every year in our country:

Unfortunately, children often are the victims of these serious injuries. SafeKids reports that, in one recent year, among children under the age of 19:

• 325 died from fires or burns (277 in residential fires)
• 136,453 went to the emergency room for treatment of their burn injuries.

If you or a loved one suffers a burn injury because of someone else’s negligence, we believe it is important to work with an attorney who has an extensive background in this area of the law.

Where Do Burn Injuries Occur?

Source: American Burn Association

1 A burn injury attorney will understand burn medicine. Many evaluate a burn injury by the residual scars left behind without fully appreciating the extent and complexity of treating a burn victim. Few injuries, if any, are more painful than burn injuries. These injuries often require extensive hospitalization, skin grafts, and careful monitoring to avoid potentially fatal infections. The cost of treatment may be ongoing and require skilled plastic surgeons who are experienced in treating serious burn injuries. Even after a burn victim is discharged from the hospital, they may require dozens of revision surgeries to improve the appearance of the scars and disfigurement. Often, the trauma burn physician, plastic surgeon, and other doctors will be called upon to serve as witnesses and tell the story about the burn victim’s injuries, pain, and treatment. Psychiatrists and psychologists may also testify about self-esteem issues, depression, and post-traumatic stress disorder (PTSD).

2. A burn injury lawyer can assist with a wrongful death claim if a person lost their life in the fire. The law provides many forms of compensation for family members who lose a loved one due to burn injuries, including:

• Medical expenses
• Funeral costs
• Loss of the deceased family member’s guidance, companionship and services.

New Jersey and New York allow family members to recover damages for the pain and suffering felt by the deceased between the time of the injury and the time of death. However, neither state allows family members to recover damages for their own pain and suffering.

Your lawyer should know how to handle a wrongful death case with dedication and compassion. The attorney should understand how hard the process can be and want to help you to seek justice for your loved one.

Out of the 3,240 fire- and smoke inhalation-related deaths that occur in the U.S. each year, the American Burn Association reports that:
3. A burn injury attorney will have the financial resources to hire, retain and pay for often expensive experts to help establish a case. Not every expert has the necessary credentials to testify in court about burn cases. For example, a burn plastic surgeon may not be able to discuss the fine details of a psychological claim. Medical economic experts are often required to determine the future financial loss of the burn victim as well as the estimated cost of future medical care.

Source: American Burn Association

Proving Fault in a New Jersey Burn Injury Lawsuit

To receive monetary damages after suffering a burn injury, you normally need to prove that someone else — a person or business — was negligent and that their carelessness caused your injury. Of course, at-fault parties never admit their responsibility. Instead, they try to pin the blame on victims.

That is why you need a strong legal team fighting in your corner. Proving an at-fault party’s liability can be expensive, often requiring testimony from expert witnesses. Our lawyers have extensive experience litigating burn injury cases and are ready to handle yours. You need and deserve a legal team that:

• Knows how to investigate the cause and origin of fires and explosions
• Understands the unique medical attention needed to treat burn injuries (e.g., skin grafting)
• Can evaluate a burn victim’s medical care and expenses
• Does not underestimate the importance of psychological injuries caused by burns and scars
• Does not underestimate the long-term effects of debilitating burn injuries
• Has expertise in handling unique burn injuries (e.g., keloid scars)
• Can give specialized attention to unique circumstances involving burns to children

The burn injury lawyers at Davis, Saperstein & Salomon, P.C., can provide all of this and more. We are here to help. Our firm works on a contingency fee basis, meaning that we are paid if and only if they win your case. We can be reached online or by calling (833) 651-0317. All consultations are confidential and free.

What Kind of Evidence Do I Need to Prove My Case?

We can conduct an independent investigation of your accident, evaluate all available evidence, navigate the governing law, and build the strongest case possible on your behalf. Among other things, relevant evidence in your case may include things like:

• Medical treatment and billing records
• Photographs from the accident scene
• Footage from nearby surveillance cameras
• Property maintenance records
• Police accident reports
• Testimony from witnesses to the accident
• Testimony from experts, such as accident reconstruction specialists and medical providers

Common Causes of Burn Injuries

• Fires
• Electrical products
• Defective furnaces, space heaters, ovens, and ranges
• Chemical burns
• Explosions and gas leaks
• “Road rash”
• Dangerous products
• Surgical burns
• Airbag burns
• Missing or faulty smoke detectors (e.g., missing or dead batteries)
• Flammable pajamas
• Obstructed, poorly located, or missing emergency exits
• Dangerous products or machines
• Liquid burns in restaurants
• Gas tank explosions and car fires
• Slum lords failing to keep their properties safe

What Is the Statute of Limitations for Burn Injury Claims in New Jersey?

All personal injury lawsuits are governed by a law known as the statute of limitations, which sets a deadline after which accident victims may no longer file a claim seeking compensation from an at-fault party. In most cases, including those involving burn injuries, the deadline in New Jersey is normally set at two years from the date of the accident.

An important exception exists for plaintiffs who are minors at the time they were burned. In these cases, the two-year countdown does not start until their 18th birthday, meaning that they have until their 20th birthday to file a lawsuit.

On the other hand, if you are trying to file a personal injury lawsuit against a public entity, such as a government agency or employee, or if your lawsuit is based on an accident that occurred on government property, the claim must normally be filed within 90 days after the accident. There are exceptions to this rule in limited circumstances, but these are normally very difficult to prove.

No matter which deadline governs your case, it is very important that you do not miss it. Doing so nearly always results in your case being dismissed in court.

What to Do After a Burn Injury

Burn accidents are some of the most serious we see as personal injury lawyers. Taking proactive steps early on after suffering a burn injury not only ensures the best possible physical recovery, but it also greatly increases your ability to hold the at-fault party legally accountable for the harm they caused you. Burn victims should consider taking the following steps as soon as possible after their accident:

• Report the Accident – You should report your accident to the appropriate authority. Depending on the circumstances, this may mean reporting the accident to the local police department. It may also mean reporting it to the individual responsible for the property where the accident occurred (e.g., an apartment complex, business, or workplace).
• Document the Scene – The best place to begin gathering evidence for your case is the scene of the accident itself. If possible, document the scene as thoroughly as possible using photographs and videos.
• Document Your Injuries – It is also important to document your injuries and losses, preferably with time-stamped photographs and videos. Your documentation should make it as clear as possible that the at-fault party was responsible.
• Identify Witnesses – Testimony from eyewitnesses can turn the tide of a case. Be sure to identify all witnesses to your burn accident and gather their contact information.
• Seek Medical Attention – In all cases, your well-being is the top priority, and you should seek medical assistance as needed. If the accident is serious, you may need immediate attention. Either way, the medical treatment records prepared by your doctor will serve as the primary evidence used to evaluate the severity of your injuries and the value of your claim. Therefore, leave nothing out.
• Consult Early On With a Qualified Plastic Surgeon or Dermatologist – Burn injuries are unique and often require specialized care. Therefore, you should try to consult with someone trained in handling these kinds of injuries.
• Keep a Pain Journal – This will supplement your treatment records by documenting the daily pain and discomfort caused by your injuries during recovery.
• Keep Track of Your Documents – Keep copies of your hospital records, prescriptions, physical therapy notes, and medical bills, as well as any out-of-pocket expenses you incur due to your injuries.
• Beware of Insurers – Always exercise caution when discussing your accident and injuries with insurance adjusters. Their job is to save their employers money by denying as many claims as possible.
• Watch What You Post on Social Media – Avoid sharing about your accident and injuries on social media. Insurance adjusters sometimes scour your public posts for anything they can use to undermine your claim.

Why Should You Hire An Experienced Burn Injury Lawyer?

There are many ways in which a lawyer with experience in burn injury cases can assist you.

1. A burn injury lawyer will investigate the cause or origin of the fire. If a prosecutor’s office or insurance company investigates the cause of a fire, people assume they will arrive at the cause or origin of the fire. This is not necessarily true. The goal of the prosecutor’s office is to determine whether a crime was committed by a person or corporation. The insurance company’s goal is to minimize the payment of the loss. (If required by law, the fire department may investigate where it thinks the fire originated.)Both a prosecutor and the insurance company can arrive at the same conclusion. For instance, they may determine that a heater or power overload started a fire. Although helpful, their investigation does not establish negligence.A skilled burn liability attorney, however, will take possession of the heater and have a forensic lab examine the heater or failed device components to see what went wrong and caused a fire. Not only may the manufacturer of the heater be responsible, but the following people or companies may have contributed to this catastrophic burn injury:

• Property owner for failing to install a smoke alarm
• Electrician for performing poor work
• Manufacturer for making a faulty electrical device or device component parts
• Sellers and installers for allowing defective products to get into a home or office
• Tenants or businesses for locking and/or blocking safety exits.

In fires and explosions that involve cars and trucks, a different set of forensics engineers must be consulted and retained. The vehicles involved need to be preserved and examined. Engineers need to carefully study defective automobile design defects.

Contact Davis, Saperstein & Salomon, P.C., Today for Help with Your Burn Injury Case

Our burn injury lawyer team has over 30 years of experience representing burn victims and their families. Decades of experience have given them deep insight into how fires and explosions should be investigated, as well as how to interview and hire the most qualified expert witnesses to bolster your case. Our network of burn injury attorneys and experts extends across the U.S. and beyond — we can draw on our international network as needed.

We will aggressively represent you on a contingency fee basis, which means that you pay a legal fee only if we secure a settlement or verdict on your behalf. There is no upfront payment for investigating your case or consulting with one of our attorneys. All consultations are confidential and free. We can be reached online or by calling (833) 651-0338.

In the meantime, here is our best legal advice to you: hire the right burn injury lawyer for your case. You deserve it. We are here to help.