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New Jersey Burn Injury FAQs

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Posted on April 16, 2023

From scolding hot coffee at the local drive-through to chemical burns in the workplace, burn injuries come in many forms. It is important to know your rights and what to do if you become a victim of a burn incident.

What is A Burn Injury?

A burn injury is damage to the skin or other tissues caused by heat, electricity, chemicals, radiation, or friction. They are classified as first-degree, second-degree, or third-degree, depending on the severity of the injury.

Long-term effects of burn injuries can include scarring, disfigurement, chronic pain, nerve damage, and many other injuries.

First-Degree Burns: This is the mildest type of burn injury, affecting only the outermost layer of skin. While painful, these do not usually require attention beyond over-the-counter pain relievers and ointments, and may result in redness, pain, and swelling. First-degree burns typically heal within a few days with minimal scarring.

Second-Degree Burns: This type of burn affects the outermost and second layer of the skin, with moderate to severe pain. Injuries can take anywhere from weeks or months to fully heal. These burns cause redness, swelling, blistering, and may require wound cleaning, antibiotics, and pain management.

Third-Degree Burns: This is the most severe type of burn injury, as it affects all layers of the skin and even deeper tissues, like bones, muscles, and nerves. These burns can cause deep burning sensations, numbness, and black or white charred skin. Pain can become less severe due to nerve damage. Treatment for these burns can be lengthy, expensive, and involve physical therapy, skin grafts, and surgery.

The severity of the burn injury and associated pain can impact the amount of damages sought in a lawsuit.

What Should I Do After Suffering A Burn?

Assess the severity of the burn injury: As aforementioned, there are degrees to burn injuries and the severity of the injury will determine your course of action. If you have a second- or third-degree burn, seek medical attention immediately.

Call 911 if necessary: Call 911 or go to the nearest emergency room for medical treatment to ensure an assessment proper care,

Document the burn injury: Take photos of the burn injury as soon as possible after the injury occurs. Be sure to document changes in appearance of the skin as they occur over time, and note any and all discomforts and pains associated with your injury. This will serve as evidence if you decide to file a lawsuit.

Report the injury: If you suffered a burn injury at work, report the injury to your employer immediately. If you suffered a burn injury in a public place, report the injury to the appropriate authorities, like a store manager or other person of authority.

Contact a personal injury attorney: If the burn injury was caused by someone else’s negligence or intentional wrongdoing, consider contacting an experienced attorney to assess your case and protect your rights.

Burn injuries are very serious and can be life threatening. It is extremely important to seek medical attention right away.

Can I Sue For A Burn Injury In New Jersey?

You may be able to sue for burn injuries if it was caused by someone else’s negligence or intentional wrongdoing. This can be a complex legal process, and to have a successful lawsuit, you would need to prove that the person or entity you are suing was responsible for your injuries.

What Damages Can I Recieve From My Burn Injury Lawsuit?

Damages may be calculated based on medical expenses, lost wages, pain and suffering, and other factors for a burn injury lawsuit. You may be able to recover damages for future medical expenses,

What is the role of insurance in a burn injury lawsuit?

The defendant may have insurance coverage that could be used to pay for your damages if you win your case.

Can I File A Burn Injury Claim Against My Employer in NJ?

If you were injured in a work-related burn accident, you may be able to file a workers’ compensation claim rather than a personal injury lawsuit against your employer. Consult with an experienced personal injury attorney with the specific facts of your case to determine any and all legal avenues for damage awards.

How Long Do I Have To File A Burn Injury?

Like other personal injury lawsuits in New Jersey, victims have two years to file a lawsuit from the date of their injury., or else they may lose the right to seek compensation for injuries. Contact a personal injury attorney with the specifics of your case to determine any extension to this statute.

How Can I Prove Negligence In My Burn Injury Claim?

To prove negligence in a burn injury case, you must establish the following elements:

Duty: The defendant owed you a duty of care. For instance, if you were burned at a restaurant or fast-food chain, the restaurant’s duty was to provide a safe environment for customers.

Breach: The defendant breached their duty of care. Following the same example, a breach of duty of care may have occurred if the restaurant failed to properly maintain or repair a piece of equipment that caused your burn injury.

Causation: The defendant’s breach of duty caused your burn injury. If you were burned by a malfunctioning stove cooking at a restaurant, and the malfunction was due to the restaurant’s failure to maintain the stove, their breach of duty caused your injury.

Damages: This means that you suffered damages as a result of your injuries, including but not limited to medical bills, pain and suffering, lost wages, and other related costs.

What Are The Common Causes Of Burn Injuries?

Common causes of burn injuries include explosions, electrical accidents, fires, and chemical exposure.

What are common workplace burn hazards in NJ?

Workplace burn hazards in NJ include exposure to hot surfaces or liquids, electrical accidents, and chemical exposure.

How can I protect myself from electrical burn injuries?

You can wear protective gear when working with chemicals, ensure that you are following proper chemical storing and handling guidelines, and follow safety guidelines outlined by your employer.

What Are Some Common Car Accident Burns?

Thermal Burns: Occur when a person’s skin encounters hot surfaces, flames, or scalding liquids. Thermal burns in car accidents can occur from fires caused by the impact of the collision. Minimize your risk of fires if you are ever in a car accident by maintaining your car’s engine, electrical, and fuel systems. Try to avoid using flammable materials in your car, like loose paper and clothes.

Friction Burns: Occur when a person’s skin rubs against an abrasive surface, and in the case of a car accident, this is when skin comes into contact with the road.

Electrical Burns: Occur when a person comes into contact with a live electrical wire or other electrical component in the car. If you are involved in a car accident and suspect there may be live wires or components, stay in the car and wait for emergency responders to arrive.

Chemical Burns: In a car accident, if a person is exposed to battery acid or other hazardous materials, they may suffer a chemical burn.