Albuquerque Burn Injury Attorney
If you or someone close to you has a serious burn injury from an accident, contact the personal injury lawyers at the Fine Law Firm in Albuquerque. We can take over the insurance claims process on your behalf, ensuring an insurance company doesn’t take advantage of you. We have years of experience assisting burn survivors with complex accident claims. Schedule a free case evaluation today.
Why Choose Us?
The Fine Law Firm operates on a contingency-fee basis. That means we never charge for our legal services unless we win a monetary award for our clients. Although this means we only accept a limited number of cases, it also means we dedicate 100% of our attention to each client. Burn accident victims trust us with their claims for many reasons.
- We have procured outstanding results for past clients.
- Our firm has received recognition from various prestigious legal organizations.
- We have close relationships and candid conversations with our clients.
Our firm has the experienced attorneys, legal resources, and skill to go up against insurance corporations during burn injury lawsuits. We have plenty of trial experience and aren’t afraid to take cases to court if necessary.
Why Do You Need a Burn Injury Lawyer?
Burn injuries can cause permanent damages to a survivor. From major scars to amputated limbs, your burns may have maimed you for life. In a case involving such a serious personal injury, protect your rights by hiring an attorney. Without a lawyer, an insurance company may try to undervalue your case, offer a too-low settlement, or even deny your claim outright. Don’t let an insurer take advantage of you. Retain an Albuquerque burn injury attorney to level the playing field between you and an insurance company during claim negotiations. A burn injury lawyer can take care of many important tasks on your behalf, such as:
- Investigating the accident that gave you a burn injury.
- Collecting evidence of fault or negligence in connection to your injury.
- Answering all of your legal questions and concerns.
- Connecting you to top burn injury doctors and reconstructive surgeons in Albuquerque.
- Negotiating a settlement with an insurance company for you.
- Taking your personal injury case to trial, if necessary.
Hiring a burn injury attorney in Albuquerque is not only useful for maximizing your financial recovery. With an attorney by your side, you can have the mental peace to concentrate on healing from your injuries and rebuilding your life. You can receive answers, advice and guidance that you can trust from a lawyer, as he or she wants what is best for you (unlike an insurance company). An attorney can pursue your case goals and make sure that you have everything you need to get past a significant trauma.
Types of Burns
When you see a doctor for a burn injury, he or she will ascertain the type and severity of the burn to recommend the right treatment plan. Different types of burns affect the skin and body in different ways. The more serious the burn, the more important it is to visit a medical professional. Burn injuries come in three degrees depending on their severity:
- Third-degree. The most severe type of burn is one of the third-degree. A third-degree burn penetrates the top and lower layers of the skin, often affecting deeper muscle tissue, tendons or bones. Third-degree burns require emergency medical care and could be fatal.
- Second-degree. Second-degree burns are also serious and require medical care. They may show blistering and leave scars. They affect the first and second layers of the skin, but not the underlying tissues.
- First-degree. First-degree burns only require medical care if they cover larger areas of the body or affect sensitive areas such as the face. They rarely blister or scar.
In addition to burn severity, there are also four different types of burns based on the cause: thermal, chemical, electrical and radiation. Thermal burns are from sources of heat, such as ovens or fires. Chemical burns are caused by caustic or acidic chemicals that are too harsh for the skin. Sources of electricity – such as powerlines – can cause electric burns, while radiation burns come from exposure to radiation (e.g., the sun or x-rays).
Common Causes of Burn Injuries in Albuquerque, New Mexico
Serious burn injuries can arise from many different preventable circumstances. Any scenario that involves flames, dangerous chemicals or electricity can cause tissue damage. At the Fine Law Firm, our burn injury lawyers can help clients determine their rights after any type of accident or incident, including the following common causes of burn injuries in Albuquerque:
- Cooking and kitchen accidents
- Workplace accidents
- Hot liquids or steam
- Automobile and truck accidents
- Friction burns, such as from road rash
- A house or structural fire
- Electrical hazards at work or home
- Oil and gas explosions
- Defective and dangerous products
- Exposure to dangerous chemicals
- Physical abuse or acts of violence
We have experience handling all of these types of cases and more. Our burn injury lawyers can help you go up against one or more parties for causing your accident, regardless of the circumstances. We will search for evidence of fault or negligence on your behalf, then use this to demand maximum financial compensation for your injuries and medical expenses. We recognize that most burn injuries in Albuquerque are avoidable and can help you hold someone accountable.
Who Can I Pursue for Damages?
New Mexico law allows you to pursue many parties for financial compensation, or damages, in a burn injury lawsuit. In general, the person or party who caused the injury is who must pay for the related damage. This might be someone who broke a law or violated a safety rule. We will investigate your burn injury accident and determine the most at-fault party/parties. This may be:
- Your employer
- A motor vehicle or truck driver
- A product manufacturer
- A property owner or landlord
- A government agency
- Many other entities
Our attorneys can explore all sources of insurance coverage and financial compensation for your burn injuries to improve your chances of recovering fair compensation. Then, we must prove that party’s fault for your incident to recover financial compensation. The burden of proof rests with the plaintiff in a burn injury lawsuit in New Mexico. This means you or your attorney is responsible for establishing fault.
Establishing Liability for a Burn Injury
The burden of proof can be difficult to take on as a burn injury survivor in Albuquerque. This is why we recommend hiring an attorney to deal with the legal parts of your case for you. While you focus on medical care and rehabilitative therapies, an attorney from the Fine Law Firm will work on establishing liability (legal and financial responsibility) for your losses. Proving liability typically requires evidence of negligence. Negligence is the failure of a party to exercise normal or reasonable care.
Establishing negligence requires proof of four elements:
- A legal duty to exercise care. A responsibility to act in a way that a reasonable and prudent party would have in the same or similar circumstances.
- A breach of the duty of care. Any type of violation of the responsibility of care; a careless or reckless action or omission.
- Causation. Proof that the defendant’s breach of duty caused or substantially contributed to your burn injuries.
- Damages. Compensable losses suffered due to the breach of duty, such as medical bills, lost wages, scarring, and pain and suffering.
Negligence is behind many burn injuries, such as the neglect of a driver to safely operate a vehicle or an employer to use protective equipment. The burden of proof in a personal injury lawsuit is a preponderance of the evidence. This is evidence that shows that the defendant is at fault for the burn injury with at least a 50 percent certainty. An attorney can help you gather evidence against the defendant(s) in your case, such as police reports, medical records, signed eyewitness statements and burn injury expert testimony.
Financial Compensation Available for a Burn Injury
If you or your lawyer succeeds in proving liability in your burn injury lawsuit, an insurance company or jury could award you with financial compensation to reimburse you for several different losses. In New Mexico, a personal injury plaintiff is eligible for both economic and noneconomic damages. This means compensation for your financial or tangible losses as well as your personal losses. You could be entitled to financial compensation for the following:
- Necessary medical, hospital and emergency care
- Functional or cosmetic reconstructive surgeries
- Ongoing health care, including medications and medical devices
- Physical therapy and rehabilitation
- Permanent injuries, debilitation, or scarring and disfigurement
- Lost wages and capacity to earn a living in the future
- Physical pain and suffering, now and in the future
- Psychological trauma or post-traumatic stress disorder
- Emotional distress and mental anguish
- Lost quality or enjoyment of life from a burn injury
- The wrongful death of a loved one from severe burns or complications
If there is evidence that the defendant was grossly negligent, reckless, wanton or malicious in causing your burn injuries, you may also receive punitive damages. This is an additional amount awarded to punish a defendant and set a precedent so that others in the community do not engage in similar acts of negligence.
What Is the Time Limit on a Burn Injury Claim in New Mexico?
A law known as the statute of limitations places a strict time limit on your legal right to file a burn injury claim. This law applies to all personal injury cases in New Mexico. New Mexico has a relatively long statute of limitations compared to many other states. If you suffer a burn injury and wish to file a personal injury claim in Albuquerque, you have three years from the date of the incident or discovery of your injury to file a cause of action according to state law. If you miss your deadline, the courts will more than likely refuse to hear your case.
A few exceptions to the general rule exist. One is if the injured party is a minor (under the age of 18). In New Mexico, a minor has until one year after he or she reaches the age of majority or three years after the accident to file – whichever gives the victim the most time. The minor’s parents, however, must obey the typical statute of limitations to seek damages for their losses, such as medical costs. Another exception is if you are filing a claim against a government entity. In this case, you will only have two years to file your tort claim – and only 90 days to present a notice to the government agency.
What to Expect at the Fine Law Firm
Hiring a burn injury lawyer to represent you can ensure that you meet your deadline, among many other key benefits. If you choose the Fine Law Firm for your legal representation, you can expect strong attention to detail and a close working relationship with your attorney. Your lawyer will treat you with respect and professionalism while working relentlessly to achieve your goals for your burn injury case.
Our law firm has a proven track record of success that can give you confidence in our capabilities as attorneys. We provide a level of representation that is unmatched in New Mexico – at affordable rates. If we don’t obtain financial compensation for your case, you won’t pay us a cent in attorney’s fees, guaranteed. If we do win your case, we’ll charge our service fee as a percentage of the overall settlement or judgment award won.
Contact Us Today
The attorneys at the Fine Law Firm can evaluate your burn injury case, assess your damages and determine the appropriate defendant(s). We may be able to help you obtain fair and full compensation for your damages. Contact our Albuquerque accident attorneys for a free burn injury case review today.