TBSA Burn Injury Settlement Valuation Guide for Victims

Exposure to heat, chemicals, electricity, or some types of radiation can cause tissue damage. If this type of damage causes tissue death, the injury is considered a burn injury. Burn injuries are far more common than most people realize and they are known to be a major cause of unintentional injuries that may even lead to death. Data from the CDC shows that about 1.1 million Americans suffer burn injuries that are serious enough to warrant medical attention. Exposure to heat, chemicals, electricity, or some types of radiation can cause tissue damage. If this type of damage causes tissue death, the injury is considered a burn injury. Burn injuries are far more common than most people realize and they are known to be a major cause of unintentional injuries that may even lead to death. Data from the CDC shows that about 1.1 million Americans suffer burn injuries that are serious enough to warrant medical attention. The severity of a burn injury depends on the type of burn sustained as well as how large or small an area has been affected by the burn. Burn injuries can be very painful and more serious injuries may often cause disfigurement or even permanent disability. If you have sustained burn injuries that have been caused due to the negligence of someone, you may be eligible to claim for damages through a personal injury lawsuit. What are the Common Causes of Burn Injuries in New York? Burn injuries are caused when tissue gets exposed to heat or electricity or certain chemicals. These injuries may occur at home, at the workplace or during a road accident. The common causes of such injuries include the following: When you accidentally come into contact with a very hot surface, it can cause contact burns. Direct contact with a flame or fire can lead to flame burns. Coming into contact with steam or liquids at a very high temperature may cause scalds. Accidental contact with electric current can lead to electrical burns. Corrosive materials such as alkalis and concentrated acids can cause chemical burns. If you are caught in an explosion caused by flammable liquids or gas, the heat generated in the explosion causes flash burns. Occasionally, being exposed to an intense light flash may also result in a flash burn. Inhaling irritant vapors or smoke can lead to an inhalation burn. Contact with hot grease may cause grease burns. All these type of burns may occur during the course of a motor vehicle accident or in hazardous work environments. They may also take place during the course of an explosion or an accident at a construction site. Sometimes, a defective product may lead to a burn injury and in rare cases of medical procedures that involve the use of heat, chemicals or radiation, such injuries may arise due to medical negligence too. What are the Different Degrees of Burn Injuries? Based on the severity of the burn and how deeply the skin has been harmed, burn injuries may be categorized into four degrees with first degree burns being the most superficial and fourth-degree burns causing the deepest tissue damage. First Degree Burns: They are mild because they only affect the outermost skin layer called the epidermis. The skin turns red and painful but then quickly heals after around three to five days. No blisters appear, and no scars are left after the tissue heals completely. Second Degree Burns: They are deeper than first degree burns and penetrate beyond the epidermis to the lower skin layer called the dermis. The affected area develops swelling, blisters and reddening of the skin. The skin sometimes appears wet or shiny and may thicken. Such burn injuries may lead to scarring or a change in skin color if they have caused deep injury. Healing from a second-degree burn will take a longer time and it may be two to four weeks before the skin grows back and heals. If infection sets in at the affected area, healing will require more time. Third Degree Burns: These burns are far more severe and along with the dermis and epidermis, the subcutaneous tissue below the skin is also damaged.  The skin takes on a charred, black, dark brown or white, waxy color and turns thick and develops a leathery texture. The nerve endings get damaged and this means there is no sensation of pain in third-degree burns. Due to the extensive skin damage, grafting may be necessary for healing. Fourth Degree Burns: These are the most intense burns possible that damage not just the skin and nerves but also the tendons and muscles and perhaps even the bone. Severe infections may set in and even the joints may be affected. Fourth-degree burns cause permanent damage that cannot be reversed and the damaged part of the body often has to be amputated. Landlord Negligence can Lead to Burn Injuries Landlords are responsible to ensure that the homes they rent out meet the specified laws for fire safety to keep their tenants safe. These regulations provide guidelines for the placement and use of fire extinguishers, smoke detectors, sprinklers, and other fire safety devices. Landlords must ensure that: Electric wiring on the premises is installed in a safe manner and maintained in a suitable condition. There is a sturdy and safe fire escape provided on their property. Smoke alarms are available on the premises and located at appropriate places. Escape routes in shared areas of premises are kept clear for use in a fire emergency. Fire extinguishers are available on the property and they are regularly serviced and in working condition. Who is Liable for Your Burn Injury in New York City? If your landlord has not made arrangements for fire safety in keeping with NYC fire code regulations, they may be held liable for any burn injuries you suffer in a fire on their premises. If your burn injury has been caused due to the negligence of a landlord who has shirked their responsibility regarding fire safety, you must get in touch with a personal injury lawyer to understand the legal options available to you to claim compensation for the damage you suffered. Equipment such as smoke detectors and fire extinguishers are critical to keeping a property safe. Sometimes, despite these products being installed on the premises, they may fail to work as intended in the event of a fire and cause burn injuries that may be fatal or life-threatening. In such cases, it may be possible to hold the manufacturers of these products also liable for your burn injury. If your burn injury has occurred during the course of a motor accident, anyone who is found to be at-fault for the accident can be held liable for the loss you suffered. Similarly, any person whose negligence has caused your injury can be considered responsible for it. This may include building owners, manufacturers of defective products, and employers of the negligent person who caused an accident, a government agency that did not perform its maintenance activity or transit companies. What Damages can You Claim in an NY Burn Injury Case? Burn injuries of the second and third degree types may cause a lot of pain and suffering and take very long to heal, affecting your ability to work. Injuries to the face can cause disfigurement that may have an adverse impact on your personal and social life. Fourth degree burn injuries may cause such severe damage as to require amputation; in such situations, the accident may leave you disabled for life and incapable of ever working again. Treatment of burn injuries in New York is quite expensive and besides the initial medical treatment, you may often require physical therapy and rehabilitation or cosmetic surgery to deal with disfigurement issues. If your burn injury has been caused due to negligence of another party, you can claim compensation for your: Medical expenses Disability Disfigurement and scarring Pain and suffering Emotional trauma Lost income or wages Loss of consortium Loss of life enjoyment In exceptional cases, you may also recover punitive damages if the at-fault party was completely reckless in their behavior, which resulted in your burn injury. Contact a Competent New York Burn Injury Attorney Today If you have sustained a burn injury due to another party’s negligence, make sure you first get medical treatment to deal with the wound. Avoid diagnosing the burn degree on your own and trying to treat it yourself. Visit a doctor and have the injury assessed and treated in an appropriate manner. Next, consult an experienced and skilled NYC burn injury lawyer who can explain if you are entitled to compensation for your injury. Depending on where you were injured – at work, at a construction site, at home, in a road accident – there will be different legal options available to you. Our personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have decades of experience representing burn injury victims and we have ensured our clients secure the maximum compensation to which they are entitled under New York law. We can help you recover damages for not just the present expenditure you have incurred but also that which you anticipate for the future considering the disruption caused by your injury. Using inputs from medical and economic experts and under the guidance of life-care planners, our compassionate burn injury lawyers can help you plan for future expenses. Call us at 212-344-1000 today to schedule a free consultation with our experienced attorneys. We will help you begin the legal process necessary to claim the compensation you rightfully deserve. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

New York City witnessed 88 fatalities caused by fires in 2018 alone, according to FDNY Commissioner, Daniel Nigro. The figure is the highest recorded for any year in the last decade, with only 2007 reporting more fire-related deaths of 95. The number of deaths caused by fires was about 73 in 2017. In 2016, only 48 fire-related deaths happened in NYC, which was the lowest recorded in a hundred years. Nigro termed the surge in the number as a ‘concerning development’ while testifying before the New York City Council’s Committee on Fire and Emergency Management about the $2.1 billion FDNY budget. New York City witnessed 88 fatalities caused by fires in 2018 alone, according to FDNY Commissioner, Daniel Nigro. The figure is the highest recorded for any year in the last decade, with only 2007 reporting more fire-related deaths of 95. The number of deaths caused by fires was about 73 in 2017. In 2016, only 48 fire-related deaths happened in NYC, which was the lowest recorded in a hundred years. Nigro termed the surge in the number as a ‘concerning development’ while testifying before the New York City Council’s Committee on Fire and Emergency Management about the $2.1 billion FDNY budget. NYC Fires: The Problem Officials later reported that the fatal fires incidents in NYC were mainly caused by smoking and faulty electrical equipment, the leading causes of life-threatening fires. Also, it was found that there were no working smoke alarms present in more than two-thirds of those fires. Nigro also spoke on efforts to deliver 60,000 smoke alarms to residents in need in collaboration with the American Red Cross. With the FDNY responding to 1.7 million calls in 2018, and more than 1,4 million of those calls being medical emergencies, Nigro commented on how 2018 was a "very busy year for the department.” The FDNY also responds to around 2,200 structural fire calls a month, further emphasizing the lack of preventative measures taken by landowners to fire-proof their buildings. On average, the FDNY responds to a structural fire every four minutes and 28 seconds, which is the period between receiving the 911 dispatcher call and the FDNY firefighting unit arriving at the scene. Although FDNY units responding to structural fires help prevent structural destruction, most incidents cause irreparable damages in that critical period of four minutes and 28 seconds. The NYC borough with the highest count of monthly structural fires is Brooklyn with 650 a month. But, the FDNY response for Brooklyn is also the quickest among the NYC boroughs, averaging in at four minutes. Queens shows the highest FDNY response time of four minutes and 50 seconds. Although the difference between the response times for the two boroughs may be a mere 22 seconds, these 22 seconds could result in far more deaths and severe damages. While the time that FDNY and medical emergency units take to respond to a fire is crucial in saving lives, the quality and structural condition of the buildings are instrumental in preventing death and destruction during that time frame. Landowners who fail to maintain those standards could be held liable for fatal fires. The Legal Aspect Fire accidents entitle victims to financial compensation. If you were injured in a fire accident in NYC or if a family member of yours was killed in such an incident, you could file a lawsuit against the responsible parties. Make sure to hire an experienced personal injury lawyer to discuss your case and determine whether it makes sense to press charges. A good personal injury attorney or wrongful death attorney would go the extra mile to file a strong lawsuit and secure significant compensation for your damages. Accident lawyers in NYC have different areas of specialty. Make sure to hire an attorney who has experience in cases similar to yours, whether it's a personal injury lawyer, a burn injury lawyer, a car accident attorney, or even a pedestrian injury lawyer. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

A former Manhattan student was awarded around $60 million in 2019 as compensation for a 2014 incident where the student suffered agonizing burns during a chemistry-class’ nitrate demonstration experiment. The judge upheld the jury’s verdict of $60 million in pain and suffering damages to the victim, the now 21-year-old Alonzo Yanes. The student was 16-year-old and in 10th grade at the time of the horrifying accident at the Beacon High School. A former Manhattan student was awarded around $60 million in 2019 as compensation for a 2014 incident where the student suffered agonizing burns during a chemistry-class’ nitrate demonstration experiment. The judge upheld the jury’s verdict of $60 million in pain and suffering damages to the victim, the now 21-year-old Alonzo Yanes. The student was 16-year-old and in 10th grade at the time of the horrifying accident at the Beacon High School. How the Accident Unfolded During Yanes’ sophomore year at the school, his chemistry instructor, Anna Poole, was demonstrating a visual demonstration called the rainbow experiment. The experiment involved igniting chemical mixtures - combinations of mineral salts and flammable liquids. The liquid used in the experiment was methanol, and the intended outcome of the burning experiment was colorful flames, each differentiating according to the mineral being used. The experiment, however, went completely wrong due to a mistake on the part of the teacher. Poole was pouring the methanol directly out of the gallon jug. The excess amount of liquid suddenly created a massive fireball that engulfed Yanes for an entire one minute. According to the Associated Press, Yanes felt as if he was being 'charred the way a piece of meat does in a frying pan.' Yanes was left hospitalized for about five months after sustaining severe burn injuries spanning 30% of his entire body. He even endured major skin draft surgeries in areas ranging from his face and neck to his hands and arms. His parents tearfully described how they were not even able to identify him in the hospital burn unit following the incident. The Aftermath According to the New York Times, the jury found Poole, the chemistry teacher, and the Department of Education to be responsible for the incident. The $60 million verdicts were awarded to cover medical bills and Yanes immense suffering and pain. The ‘rainbow experiment,’ which has also been documented to have caused similar accidents in other states, has long been deemed a safety hazard. According to reports from the Associated Press, lawyers for New York City stated that the dangerous experiment in question would no longer be allowed to be conducted in schools after Yanes’ tragic accident. Schools need to take the necessary precautions when dealing with dangerous chemicals, which may be safety hazards. When educational institutions fail to prioritize the safety of their students, they put the students' lives at stake, and many may end up being hurt in the process. The Legal Aspect If a loved one or a family member of yours has experienced burn injuries, you have the choice to file a personal injury lawsuit. It is a good idea to avail the service of an experienced personal injury lawyer or burn injury lawyer to press charges against those responsible for the incident and get compensation for your damages. Accident lawyers specialize in different cases, and personal injury laws differ from one state to another. Depending on your case, you may hire a personal injury attorney, a burn injury attorney, a car accident attorney, or a wrongful death attorney. In any case, be sure the lawyer has experience handling similar cases in the past. Contact a personal injury lawyer in NYC to discuss your case and determine the feasibility of filing a lawsuit. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.