Burn Injuries: How to Prove Liability and Seek Compensation for Severe Burns
When someone else’s negligence causes a burn injury—whether in a car crash, a workplace incident, a product malfunction, or a property hazard—the injured person has a right to seek justice.
Under New Jersey law, those responsible can be held legally and financially accountable. But proving liability in a burn case takes more than medical records and photographs. It requires a well-built legal strategy backed by evidence, expert testimony, and a clear understanding of state law.
At The Law Offices of Gold, Albanese, Barletti LLC, we’ve represented many clients throughout Morristown, New Jersey, and the surrounding areas who’ve suffered the lasting effects of serious burn injuries. Burns don’t just scar the skin—they change lives.
The physical pain, emotional trauma, lost income, and mounting medical bills create an overwhelming burden. That’s why it’s important for those affected to understand how to pursue compensation through personal injury law.
How New Jersey Law Views Burn Injury Claims
In New Jersey, burn injury cases are classified under the broader category of personal injury claims. These civil lawsuits are filed by individuals who have suffered harm as a result of another party’s negligence or misconduct.
To recover damages in a personal injury case involving burns, the claimant must prove the following:
The other party had a legal duty to act safely or reasonably
That party breached that duty—either through action or inaction
The breach directly caused the burn injury
The injury resulted in damages, such as medical expenses, lost wages, or pain and suffering
This legal standard applies regardless of whether the case involves a defective consumer product, unsafe premises, or a motor vehicle accident.
Types of Burn Injuries That May Justify Legal Action
Not every burn leads to a lawsuit. But when the injury is severe, requires hospitalization, or causes permanent damage, pursuing a personal injury claim can make a real difference. At our firm, we regularly handle cases involving:
Thermal burns from fire, hot surfaces, or steam
Chemical burns from industrial products or cleaners
Electrical burns from exposed wiring or unsafe work conditions
Scald injuries from hot liquids
Radiation burns from medical or industrial exposure
In many of these cases, the burn itself is just one part of the story. Nerve damage, infection, mobility issues, and PTSD often follow, making long-term recovery both expensive and difficult.
Proving Liability in a Burn Injury Case
To secure compensation, it must be proven that another party caused or contributed to the injury. This often represents the most contested aspect of a personal injury case, particularly when multiple parties are involved or when the cause of the burn isn't immediately clear.
The process typically begins with:
Investigating the scene: Fire reports, safety inspections, surveillance footage, and witness statements play a crucial role.
Reviewing company policies or building codes: In workplace or premises liability cases, safety violations often help identify who is responsible.
Consulting with specialists: Experts in fire science, chemical engineering, or product safety may be necessary to explain what went wrong.
Analyzing medical records: These documents illustrate the extent and cause of the injury, linking the burn to the incident.
The goal is to build a clear and compelling picture that explains how the injury occurred, why it happened, and who should be held accountable under New Jersey personal injury law.
Common Situations That Lead to Burn Injury Claims
Burn injury lawsuits arise from a wide range of incidents. Some of the most common cases in New Jersey include:
Apartment or hotel fires caused by faulty wiring or missing smoke detectors
Restaurant or kitchen injuries resulting from unsafe food preparation equipment
Workplace chemical exposure in factories, laboratories, or cleaning services
Vehicle crashes involving fuel tank explosions
Burns caused by defective space heaters, grills, or flammable consumer products
Each of these situations may involve one or more liable parties, such as property owners, manufacturers, contractors, or employers. The process includes identifying all responsible parties and pursuing fair compensation on behalf of the injured.
Why Burn Injury Cases Require Careful Legal Strategy
Burn injury claims differ from many other types of personal injury cases. They often involve long recovery periods, visible scarring, and emotional trauma that can persist for years.
As a result, settlement discussions must consider not only current losses but also future medical expenses, loss of earning capacity, and ongoing psychological support.
Insurance companies frequently attempt to minimize the severity of these injuries. They may argue that the burn isn't “severe enough” or claim that the injured party contributed to the accident.
For this reason, every case is prepared as if it will go to trial, even when a settlement is possible. A strong, well-documented case sends a clear message that full compensation is deserved.
What Compensation Can Burn Victims Seek?
Under New Jersey law, injured individuals are entitled to a range of damages. These may include:
Medical expenses: Hospital stays, surgeries, skin grafts, medications, and follow-up treatments
Future medical needs: Physical therapy, reconstructive surgery, counseling, or long-term care
Lost wages: Income missed while recovering from the injury
Loss of earning capacity: When a person can no longer perform their previous work
Pain and suffering: Compensation for physical pain and emotional distress
Disfigurement or scarring: Damages for permanent cosmetic or functional changes
Loss of enjoyment of life: When the injury prevents the person from living as they did before
We work with financial and medical experts to calculate these losses and present a clear, accurate account of what the injury has cost our client—now and into the future.
Time Limits to File a Burn Injury Lawsuit in New Jersey
Like all personal injury cases, burn injury claims must be filed within a specific time frame. In New Jersey, the statute of limitations is generally two years from the date of injury. If a claim isn't filed within this period, the injured party may lose the right to recover any compensation.
There are some exceptions—such as cases involving minors or injuries caused by government entities—but these are limited and require careful handling. It's important for anyone injured by burns to seek legal advice as soon as possible.
Early action improves the chances of preserving evidence, speaking with witnesses, and building a strong case.
Dealing With Insurance Companies
Insurance companies may approach burn victims soon after the incident with a quick settlement offer. While this may seem helpful initially, these offers are usually well below the true value of the case.
It's strongly advised never to sign any documents or accept payment before consulting a lawyer. Burn injuries often require months or years of recovery, and early settlement offers rarely take future treatment or loss of quality of life into account.
Once a settlement is accepted, it's typically not possible to reopen the claim for additional compensation.
Personal injury attorneys often handle negotiations directly with insurers to seek fair compensation. If negotiations are unsuccessful, the case can be taken to court for a jury to decide the outcome.
What You Can Do After a Burn Injury
If someone has suffered a serious burn due to another party’s actions or negligence, the following steps can help protect the right to compensation:
Seek immediate medical attention and follow all medical advice
Preserve any evidence, such as photographs, damaged items, or clothing
Avoid giving statements to insurance companies without legal counsel
Write down detailed recollections of the incident
Contact a personal injury attorney experienced in New Jersey burn injury law
The Law Offices of Gold, Albanese, Barletti LLC works closely with burn victims and their families to pursue the compensation they deserve, managing the legal process to allow clients to focus on recovery.
We're Here to Help You Move Forward
If you or someone you care about has suffered a serious burn injury in New Jersey, contact The Law Offices of Gold, Albanese, Barletti LLC today. We’re proud to serve Morristown, New Jersey, and throughout New Jersey, New York, and Boston, Massachusetts. Call today.