New York Burn InjuryAttorney


With more than 50 years of experience in personal injury, including burn injury accidents, and thousands of successful outcomes, our knowledgeable injury team at Spar & Bernstein will fight to ensure you receive fair compensation for your injuries and other damages. 

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Our tenacious New York burn injury attorneys at Spar & Bernstein will help you pursue maximum recovery if you sustained burn injuries as a result of a fire, explosion, faulty product, medical negligence, construction accident, motor vehicle accident, truck accident or bus accident.


Statute Of Limitations 

The New York statute of limitations states that you have three (3) years to file a claim after sustaining burn injuries. Your case is likely to be dismissed if you attempt to file a claim after this period of time. 

If you have lost a loved one as result of burn injuries and you are filing a wrongful death claim, this period is two (2) years. 

If you decide to file a claim against a government agency, the city, county or state, you have one (1) year and 90 days to file your claim. Note that starting the procedure requires you to send a notice of claim no later than 90 days after the date when you suffered the burn injury.

Amount Of Recovery Law 

As per this law, there is no limit to the amount of compensation you can recover after a burn injury accident. An experienced attorney will help you fight for the maximum recovery after your accident. 

Contributory Negligence 

The New York contributory negligence law specifies that the damages you can seek after a burn injury accident will be decreased by your own share of fault. 


The parties that can be held responsible for burn injury accidents in New York extends to anyone who contributed to your injuries, such as: 

  • Building or property owners 
  • Maintenance companies 
  • Manufacturers or sellers of a defective product  
  • Employers of negligent parties 
  • Healthcare providers  
  • General contractors on a construction site 


Expenses For Medical Treatment 

The party responsible for your medical bills will depend on your exact situation, whether Personal Injury Protection (PIP) insurance, your employer, or a third party. 

Lost Income 

If you are unable to work after suffering burn injuries or you cannot perform the same employment duties as before, you can seek compensation for lost income or future lost wages. 

Pain And Suffering 

You can seek compensation for the physical, psychological and emotional suffering you endured as a result of your burn injuries. 

Loss Of Enjoyment 

You can seek compensation for loss of enjoyment, if your burn injuries prevent you from participating in activities you formerly loved. 

Loss Of Consortium 

If your marriage suffered as a result of the burn injuries you suffered, you can file a claim for loss of consortium. 

Wrongful Death 

If you lost a loved one as a result of burn injuries, you can file a claim for wrongful death. 

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What Are The Most Common Types Of Burn Injuries?

The most common types of burn injuries include: 

  • Thermal burns, caused by sources of heat, such as hot liquids, fire or steam 
  • Electrical burns, resulting from contact with an electrical current 
  • Chemical burns, caused by exposure to chemicals or harmful solvents 
  • Light burns, resulting from exposure to sunlight or ultraviolet rays 
  • Radiation burns, caused by exposure to radiation, either in the workplace or during medical treatment 
  • Cold burns, also known as frostbite, caused by exposure to extremely low temperatures 

What Are The Degrees Of Burn Injuries?

Burn injuries are classified by their severity: 

  • First-degree burns: Occur when only the top skin layer of the skin — the epidermis — is affected. The symptoms of first-degree burns include redness and minor inflammation. These types of burns typically heal within several days. 
  • Second-degree burns: Affect both the epidermis and the inner skin layer, the dermis. Also referred to as partial-thickness burns, the symptoms of second-degree burns include red skin, swelling and blisters. Second–degree burns typically need to be bandaged and take several weeks to heal. 
  • Third-degree burns: Affect the two skin layers and simultaneously damage nerve endings. Also referred to as full-thickness burns, symptoms include black, yellow, brown or white skin. 
  • Fourth-degree burns: Affect the skin, nerve endings, muscles and tendons. Since nerve endings are damaged, affected areas may feel insensitive. Fourth-degree burns can lead to infection, joint problems and even amputation. 
  • Fifth-degree burns: Affect both tissues and bones and can result in internal damage and organ failure. In this case, bones may be exposed and the skin may appear white or charred. 
  • Sixth-degree burns: Typically result from explosions or severe car accidents. Sixth-degree burn injuries are often fatal. 

What Are The Most Common Causes Of Burn Injuries In New York?

The most common causes of burn injuries include: 

  • Defective products 
  • Home or building fires 
  • Scalding liquids 
  • Hazardous premises 
  • Motor vehicle accidents 
  • Truck accidents 
  • Bus accidents 
  • Construction accidents 
  • Chemical plant explosions 
  • Oil refinery fires 
  • Medical negligence 

How Do I Establish Liability In A Burn Injury Lawsuit In New York?

To establish liability in a burn injury lawsuit, you must prove that: 

  • The responsible party had a duty of care, i.e. was legally responsible to provide reasonable care and safety to avoid causing harm or injury 
  • The duty of care was breached 
  • The breach of duty caused damages and injuries 

Due to the complexity of burn injury cases, working with a trusted burn injury attorney is a vital part of the outcome of your case.  

Our tenacious personal injury lawyers at Spar & Bernstein will examine your case, establish liability and gather the necessary evidence to support your case and fight on your behalf for the compensation you deserve. 

What Long-Term Consequences Will I Experience After Burn Injuries?

If you suffered serious burn injuries, you may experience: 

  • Shock 
  • Infection 
  • Nerve damage 
  • Organ damage 
  • Amputation 
  • Series of complicated surgeries 
  • Skin grafting procedures 
  • Depression 
  • Post-traumatic stress disorder (PTSD) 
  • Wrongful death 

What Damages Can I Claim For My Burn Injuries In New York?

If you suffered burn injuries, you can seek compensation for: 

  • Economic damages, including emergency, medical or rehabilitation bills, lost wages, lost future earning capacity, care in a burn center, and skin grafting surgeries 
  • Non-economic damages, such as pain and suffering, mental anguish, disfigurement and scarring, loss of consortium, and loss of enjoyment of life 

What Factors Determine The Value Of My Burn Injury Case?

The value of your burn injury case will depend on multiple factors, such as: 

  • The scope and severity of your injuries 
  • The cost of your medical and rehabilitation treatment 
  • Your ability to return to work after suffering burn injuries 
  • The emotional trauma you experienced 
  • The effect of your injuries on your life 

Can I File A Claim Against My Employer If I Received Burn Injuries On The Job?

If you were injured on the job, you can submit a worker’s compensation claim so your employers’ insurance covers your medical bills or lost wages. Generally, worker’s compensation does not allow you to sue your employer. 

However, you can still file a personal injury claim if your burn injuries resulted from negligent behavior of third parties, such as contractors, property owners or government agencies. 

Our experienced burn injury attorneys at Spar & Bernstein will look into your case and determine who was at fault and what your next steps should be.  

Can I Claim Damages After A Burn Injury Accident, If I Was Partly Responsible?

Yes, you can claim damages, even if you are partly at-fault for a burn injury accident. In this case, your compensation will be reduced by the percentage of your fault.  

For example, if the total damage amount is $10,000 and you are found 20% at fault for the accident, your compensation will be reduced by 20% and you will receive $8,000. 

How Can Spar & Bernstein’s Burn Injury Attorneys Help Me?

If you have experienced a burn injury, our knowledgeable personal injury lawyers will navigate you through the complex personal injury claim process while you focus on your recovery. We will: 

  • Examine the details of your case 
  • Define who was at fault for the burn injuries you sustained 
  • Gather evidence 
  • Prepare and file the needed documentation 
  • Work with specialists to establish the value of your injuries 
  • Represent you before the at-fault parties, insurance companies and the court 
  • Pursue the maximum compensation for your burn injuries 

At Spar & Bernstein, we offer a free initial consultation, which gives you the opportunity to get to know our team and hear about the success stories we take pride in.  

Are Burn Injuries Common In The U.S.?

According to the American Burn Association, each year there are 486,000 estimated burn injuries. This means every 65 seconds someone in the U.S. suffers a burn injury. 

Annually, there are 40,000 hospitalizations related to burn injuries and 3,000 fatalities caused by fire or smoke inhalation every year. 

Hiring a trusted personal injury lawyer is important for the successful outcome of your case. Our experienced burn injury attorneys at Spar & Bernstein will look into every detail, identify responsibility and fight for fair compensation for your injuries and damages. 

How Can I Prevent Burn Injuries On The Job?

To prevent burn injuries in your workplace: 

  • Strictly follow the implemented safety rules and regulations 
  • Carefully handle hot surfaces, hot liquids, oil or grease 
  • Wear personal protection equipment aligned with your job, such as fire-resistant clothes, gloves, eye protection or shoes 
  • Know where eyewash stations and first aid kits are located 
  • Know where the fire exits are 
  • Attend regular safety trainings 
  • Keep your work area clean of debris 
  • Read equipment instructions carefully 
  • Before handling chemicals, read labels carefully 
  • Do not get distracted while performing your duties
Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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