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For Over 25 Years Fighting
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Burn Accident Attorneys

Legal Assistance for Massachusetts Burn Injury Victims

Ever experienced a searing pain that lingers long after the initial shock? Burn injuries leave lasting scars, both physical and emotional. You’re enjoying a cozy evening by the fireplace, when suddenly, a stray ember ignites your rug, setting your home ablaze. In such dire moments, burn accident attorneys are dedicated to helping individuals facing burn injury challenges navigate the legal complexities with confidence. 

However, the journey from injury to justice is riddled with challenges. Understanding your rights and legal options is crucial in seeking redress for the harm endured. Don’t let the burden of burn injury legal matters overwhelm you. Fight for your rights and seek the compensation you deserve

Quick Summary

Below is an overview of the key points of this article.

  • A burn injury happens when something hot, like fire or chemicals, harms the body’s tissues. Burns can be small or very serious, causing pain and damage to the body.
  • Burn injuries arise from four common sources: thermal heat, chemicals, radiation, or electricity.
  • Burn injuries are classified by severity into four categories: first-degree (superficial), second-degree (affecting two skin layers), third-degree (damaging all skin layers and tissues), and fourth-degree (extending into muscles and bones).
  • Most burn injuries result from traumatic accidents, including vehicle collisions, defective products, unsafe premises, faulty electrical wiring, radiation, construction site mishaps, and workplace accidents.
  • Most burn injuries result from traumatic accidents, including vehicle collisions, defective products, unsafe premises, faulty electrical wiring, radiation, construction site mishaps, and workplace accidents.
  • If you’re burned, you might sue the responsible person or company, like the property owner or car manufacturer. It depends on the investigation’s findings about the accident and negligence.
  • To prove negligence in a burn injury claim, you need to show four elements: duty of care, breach of duty, causation, and damages. This means proving the responsible party didn’t act carefully, causing your injuries and measurable harm.
  • In Massachusetts, you can seek compensation even if you’re partly to blame for the accident. However, your compensation will be reduced based on your level of fault compared to others involved.
  • Burn injury victims can usually get compensation for various expenses and damages, including medical bills, lost income, property damage, pain and suffering, trauma, loss of enjoyment in life, and punitive damages in extreme cases.

What is a Burn Injury?

A burn injury refers to damage to the body’s tissues caused by heat, chemicals, electricity, or radiation. Burns can range in severity from minor to life-threatening and can result in varying degrees of pain, tissue damage, and potential complications.

What Are the Different Types of Burn Injuries?

Burn injuries typically arise from four main sources: thermal heat, chemicals, radiation, or electricity.

Thermal Burns

Thermal burns can occur due to a wide range of heat sources. These include sudden bursts of intense heat, like explosions involving flammable liquids such as natural gas, gasoline, or propane. Thermal burns can also result from flames in situations like house fires, car accidents, or mishandling of flammable substances. 

Chemical Burns

Chemical burns commonly occur as a result of exposure to acids or alkali substances, often in industrial accidents. These burns can happen when these corrosive chemicals come into contact with the skin or other body tissues. 

Electrical Burns

Electrical burns frequently occur in industrial accidents, typically when someone comes into contact with damaged electrical cords, electrical outlets, or high-voltage wires. These incidents can lead to burns on the skin due to the heat generated by the electrical current. 

Radiological Burns

Radiological burns occur as a result of exposure to certain types of radiation. These burns can be caused by various sources, such as X-rays used in medical diagnostics or radiation therapy for cancer treatments. Sunburns and burns from tanning beds also fall into this category as they involve exposure to ultraviolet (UV) radiation. 

What Are the Different Categories of Burn Injuries?

Burns are generally classified by severity. Those categories are:

  • First-Degree Burns. These are superficial injuries affecting only the outer layer of skin, causing redness, swelling, and mild pain. They typically heal on their own without causing permanent damage.
  • Second-Degree Burns. These harm two layers of skin—the outer layer (epidermis) and the layer beneath (dermis). While they usually don’t need surgery, they can lead to scarring, pain, sensitivity, redness, and blistering.
  • Third-Degree Burns. These are critical injuries where all skin layers and underlying tissues are harmed. They may result in a brown or leathery appearance and often require skin grafting surgery or transplantation.
  • Fourth-Degree Burns. These are the most severe and can be deadly, as they extend deep into muscles and bones.

What Are the Most Common Causes of Burn Injuries?

The majority of burn injuries occur as a result of traumatic accidents, often involving explosions or fires, including those caused by:

  • Collisions involving cars
  • Accidents involving motorcycles
  • Incidents involving trucks
  • Mishaps related to buses
  • Accidents occurring in maritime settings
  • Situations involving Uber or Lyft transportation services
  • Accidents involving taxis
  • Injuries caused by defective products
  • Unsafe conditions in apartments
  • Dangerous premises resulting from negligent property owners
  • Incidents related to faulty electrical wiring
  • Accidents involving radiation
  • Construction site mishaps
  • Workplace accidents
  • Incidents occurring during welding activities

Who Can Be Held Liable for My Burn Injury?

When someone gets burned, they might have the right to sue the person or company responsible. This could be the person who started the fire or didn’t keep the place safe. Different people or companies can be sued based on what an investigation finds. 

For example, if a fire happens at home, a restaurant, a nightclub, or work, the owner of the place and those who take care of it might be responsible. The owner not only has to take care of the place but also has to make sure all doors are open in case of an emergency. 

If a car catches fire or explodes and hurts someone, their car insurance might cover it. But sometimes, it’s necessary to sue the car maker or other people who worked on the car.

What is Massachusetts’ Statute of Limitations for Burn Injury Claims?

In Massachusetts, burn injury victims typically have a three-year timeframe to initiate a personal injury lawsuit according to the statute of limitations. It is crucial to note that this three-year limit is a strict deadline, and failing to take action within this period may result in losing your right to seek compensation. There are exceptions to this rule for the following:

  • Minors who are 3 years from reaching 18
  • People with mental disabilities

In these cases, the time limit “clock” is paused or “stayed.” This means that the three-year time limit doesn’t start running until the stay is removed, which could happen when the minor turns 18 or the person with a disability becomes capable of pursuing a legal claim.

How Can I Prove Negligence in My Burn Injury Claim?

To establish that another person’s negligence is responsible for a burn injury, four primary elements need to be demonstrated. These elements consist of:

Duty of Care

As an illustration, when a manufacturer produces a faulty product, they have a responsibility to ensure that the product is safe for its intended users and does not cause harm or burn injuries. This obligation includes providing clear instructions or warnings if the product poses any risk of burns.

Breach of Duty

To establish a case, it is necessary to demonstrate that the defendant neglected their duty of care by not exercising adequate caution. This could involve actions like taking shortcuts during the manufacturing process or failing to provide sufficient warnings regarding a known hazard. 

By showing that the defendant did not meet their responsibility to act with care, you can strengthen your argument.

Causation

To establish liability, it is crucial to demonstrate that your accident occurred directly as a result of the breach of duty of care. Simply proving that the defendant failed to meet their duty of care may not be sufficient if it cannot be shown that this breach was the actual cause of your injuries. 

It is important to establish a direct link between the defendant’s breach of duty and the harm you have suffered to hold them accountable.

Damages

To seek compensation, it is essential to demonstrate that the burns you have sustained have directly resulted in the expenses and impacts for which you are seeking compensation. Providing evidence of the pain, suffering, medical expenses, or other substantial damages incurred as a result of the burn accident is crucial. 

What If I Am Partially Responsible for the Accident Which Caused My Burn Injury?

In Massachusetts, you can seek compensation for an accident even if you’re partly to blame. But how much you get will be lessened by how much you’re at fault. For instance, if you’re given $1,000,000 but are 40% at fault, you’ll only get $600,000. 

Remember, how much you’re at fault can affect how much you get compensated. Your negligence shouldn’t be more than the total negligence of the people you’re suing.

What Types of Compensation Can I Get From My Burn Injury Claim?

Burn injury victims can usually get different kinds of money if someone else causes their injuries. This can include:

  • Payment for all medical bills from the burn injuries
  • Money for lost income if the victim can’t work while they heal
  • Covering any costs for damage to property
  • Compensation for pain and suffering
  • Money for mental and physical trauma
  • Payment for losing enjoyment in life

If the careless person’s actions were very bad or on purpose, the injured person might also get extra money called punitive damages.

Why Do I Need a Burn Accident Attorney in Massachusetts?

Burn injury cases can be complex, especially when determining responsibility. Having knowledgeable burn accident attorneys are crucial for navigating these tough injury cases. Here’s why:

  • Experience in Handling Complex Cases – Burn injuries can occur in various ways, requiring an experienced attorney who understands the intricacies of such cases.
  • Thorough Investigation – Attorneys will investigate the cause of the burn, gathering evidence such as photos, videos, witness statements, and accident reports.
  • Medical Support – They ensure the injured person sees a burn expert for proper treatment and to assess potential financial losses.
  • Negotiation and Trial Preparation – The attorney will negotiate with involved parties for fair compensation and prepare for trial if an agreement is not reached.

Call Our Trusted Burn Accident Attorneys Today!

In times of burn injury, navigating legal complexities can seem daunting. At The Law Offices of Barry Feinstein & Affiliates P.C., we understand the challenges you face and are here to guide you through every step of the process. With decades of experience handling burn injury cases in Massachusetts, our fire injury attorney is committed to fighting for your rights and ensuring you receive the compensation you deserve.

From investigating the cause of the burn to negotiating fair settlements or preparing for trial if needed, we provide personalized attention and aggressive advocacy tailored to your unique situation. Our compassionate approach means not only advocating for your legal rights but also supporting you through every aspect of your recovery journey.

If you or a loved one has suffered a burn injury, don’t hesitate to reach out to us for a free consultation. Let our burn accident attorneys be your trusted ally in seeking justice and moving forward with confidence. We can also represent you in Motorcycle Accidents, Construction Accidents, and Medical Malpractice.

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