How Do I Sue for a Burn Injury?

There are several types of burn injuries you could suffer, including chemical burns, electrical burns, thermal burns, and radiation burns, depending on the specific incident in which you are involved. In addition to causing severe physical scars, the injuries can cause emotional suffering and financial strain.

You have a right to be compensated if you suffer a burn injury due to another person’s negligence or wrongful act. Compensation, in this case, is obtained by filing a claim with the insurance company of the liable party or a lawsuit.

You can negotiate a settlement when you file a claim with the insurance company. Unfortunately, most insurance companies want to pay as little as possible for claims. In this case, you can take the case to court, where the judge determines the amount you deserve. Filing a lawsuit will require you to provide convincing evidence to show that the wrongful or negligent acts of the defendant played a significant role in your injuries.

Overview of Burn Injury Compensation Lawsuits in California

Victims of burn injuries caused by another person’s negligence or wrongdoing are eligible for compensation. Recovering the damages caused by the injury involves suing the party responsible for the injuries.

A lawsuit for burn injuries may be based on any of the following incidences:

Negligence

Under California law, negligence occurs when another person or company acts with disregard for your safety and their actions cause your injuries. Negligence could result from an act or a failure to act. A common example where another person’s negligence can cause you to suffer burn injuries is in the case of an auto accident. If the driver is negligent or drunk and causes an accident that results in your burn injuries, you can sue them for your injuries.

If your lawsuit for your injuries is based on negligence, you must establish liability for your injury. Liability is established by proving these elements of negligence:

• The defendant owed you a duty of care. The duty of care is the responsibility of each person to exercise reasonable care. The duty of care is the easiest element to establish for your lawsuit.
• The defendant breached the duty they owed you. Showing that another person has a duty of care is not enough to hold them accountable for your burn injuries. Therefore, you must prove that the defendant in your case breached the duty. This occurs when a person acts in a way that puts you at risk of injury or death.
• The breach of duty caused your injuries. You must establish a connection between the actions of the defendant and your injuries before you are compensated for the injuries.
• Damages. Burn injuries can cause severe physical, emotional, and financial damage. In your lawsuit, the court will require you to provide evidence of the damages.

Product Defects

Another way through which you can suffer a burn injury is through a defective product. In California, product designers and manufacturers are responsible for manufacturing safe products. You can sue a manufacturer for a defective product if you suffer a burn injury after using their product.

There are three main types of product defects on which you could base your burn injury lawsuit:

• Design defects. A design defect is an error made during the design stage of a product. With this type of defect, the product can cause injuries even when the manufacturing procedures are correct. If you or a loved one suffers a burn injury from a product with design defects, you can sue the company or entity responsible for product design.
• Manufacturing defects. When product manufacturers fail to assemble products properly, or there is an error at the manufacturing stage, they will be responsible for the injuries you could suffer from using the defective product.
• Failure to warn. When labeling a product, manufacturers must indicate all the components present in the particular product. Additionally, consumers must be warned about the product's potential side effects. Failure to warn can result in severe injuries.

Defective products can cause burn injuries in different ways, including:

• A faulty smoke detector that fails to alert people to a fire in a building. In this case, the people could be trapped in the fire and suffer serious burn injuries.
• A faulty heating unit that blows up in your face and causes burn injuries.
• Defective cosmetic products that cause chemical burns to consumers.

Premise Liability

You can build a personal injury lawsuit for burn injuries based on premise liability. Premises liability is a form of negligence that arises from poor property maintenance and repairs. If your burn injuries result from premise liability, the following factors will be used to determine your eligibility for compensation:

• Whether or not the incident was foreseeable. The court will consider whether the property owner anticipated the particular incident that resulted in your burn injuries. Similar incidents on the property in the past may prove that the incident was foreseeable.
• Whether the property owner made reasonable efforts to warn you of the potential harm.
• Your purpose for being on the property. You may be denied compensation for a burn injury if you illegally entered another person’s property and an accident occurred while you were there.

When you sue another person for your burn injuries in California, the responsibility of establishing liability lies with you. Therefore, the insight of a skilled personal injury lawyer is critical.

Steps You Must Take to Ensure a Successful Burn Injury Lawsuit

Filing a lawsuit is a complicated process that begins immediately after the injury. What you do from the moment you are injured onward could significantly impact the outcome of your lawsuit. The following are steps you can take after your injury:

Call 911

Burn injuries can be life-threatening. Whether your injury results from an auto accident or a premise fire, you need to call first responders. In addition to receiving first aid, the police will come to the scene to assess the situation. In your lawsuit, the police report will play a significant role in proving that another person's actions contributed to your injuries.

Seek Medical Attention

When left untreated, burn injuries can have devastating effects. Therefore, you will need immediate medical attention to minimize the long-term impacts of the burn injury. When you seek medical care, you should request that the doctor document the extent of your injuries and each procedure that you have undergone. Your medical report will be used to prove your eligibility for compensation.

Document your Injuries

If you have not suffered injuries, you can take out your cell phone and take pictures of your burn injuries immediately after the accident. Additionally, you must continue to take pictures at every stage of the healing process. Since your lawsuit may take a while to go to court, you can present these photos to the court at your civil lawsuit hearing.

Seek Legal Representation

The moments following a burn injury can be traumatizing for you and your family. As you focus on recovering from the injury, you want to have someone gather evidence and figure out how to hold the people responsible for your injury accountable for their actions. Your attorney will help you gather sufficient evidence for your claim and file your lawsuit in court.

File a Lawsuit

Burn injuries are accompanied by severe pain and suffering. However, you must understand that a statute of limitations exists when filing a personal injury lawsuit. Therefore, you must be quick to file a lawsuit with the help of your lawyer. Filing a lawsuit for your burn injuries involves identifying the liable parties in your case and presenting your claim to the court.

The judge in your case will schedule a hearing, which you and the defendant in the lawsuit must attend. You will have the opportunity to present your case while the defendant argues their side. Most people will not accept liability for a wrongful or negligent act. Therefore, you must have sufficient evidence to support your claim. The following are common pieces of evidence you can use for your case:

Photos and Videos

Photographic and video evidence can be valuable in a personal injury claim. Unlike other forms of evidence, such evidence cannot be disputed. You can take pictures or a video of the accident's aftermath if you are not severely injured. This helps show the type of damage done by the fire and could translate to the severity of your injuries.

In addition to personal photographs and videos, you can obtain videos from security cameras that could have captured the incident and its source. If you were unconscious or severely injured after the incident, your lawyer can return to the scene and check for cameras that may be focused on the area to obtain the footage.

Witness Testimony

The statement made by a person who witnessed your accident can be used to determine how the incident occurred. Witness statements can also help establish that your injuries result from another person’s negligence or wrongful acts. You can take down the contact information of individuals present during the incident that caused your burn. You can then ask the witnesses to provide their testimony to police officers or in court for your lawsuit.

Police Report

If police officers were contacted after your accident, they would have a report of their assessment of the situation. The police report gives an overview of the officer's conclusions about the incident that resulted in your burn injuries. With the help of a skilled personal injury attorney, you could subpoena the police report and use it as evidence in your personal injury lawsuit.

Medical Documentation

When you claim that you suffered a burn injury from another person's wrongdoing or negligence, you must accompany the claims with evidence. Medical evidence could range from your diagnosis and a doctor's report on your injuries to medical bills you paid for treating your injuries.

Sometimes, the insurance company of the defendant will seek your past medical reports. This is to determine if the burn injuries you have suffered from the recent incident. If another person's actions cause your existing condition to worsen, you may still be eligible for compensation.

Testimony from Expert Witnesses

Seeking the testimony of expert witnesses can make your personal injury lawsuit stronger and increase your chances of recovering compensation. Experts who could testify in your case include:

• Accident reconstruction experts. An accident reconstruction expert can use their knowledge and skills to show how an accident occurred. For example, if you are involved in an auto accident, the expert can determine the direction in which each vehicle is traveling.
• Mechanical experts. A mechanical expert can testify whether the product that caused your burn injuries had an obvious defect.
• Medical experts. When you file a lawsuit for your burn injuries, you must prove that you suffered serious injuries. Your doctor can testify to the extent of your injuries and their impact on your life.
• Financial experts. The purpose of filing a personal injury lawsuit against another person is to recover monetary compensation for your losses. A financial expert will testify on the extent of financial loss you have suffered due to your injuries.

Compensation Benefits in a Burn Injury Lawsuit

When you sue another person for causing your burn injuries, you expect to be compensated for all the losses that you incurred after the incident. When you file a burn injury compensation claim in California, there is no exact amount that you stand to recover. The amount you will receive from your claim will vary depending on the specific factors of your case. Common compensation benefits you could recover include:

Medical Expenses

Burn injuries will require long and extensive treatment procedures before recovery. This will include skin grafting to restore your skin. For this reason, your medical expenses will begin to accumulate immediately when the first responders arrive at the scene of your accident. With prolonged stays in the hospital, medical expenses can take a toll on your financial life.

Most at-fault parties only accept liability for their actions once you prove it in court. Therefore, you may have to cover your medical expenses before receiving a settlement. You can do this using your medical insurance coverage or by negotiating with lien doctors. If your lawsuit is successful, you will be compensated for the medical bills.

Lost Wages

Your burn injuries may take a while to recover. This means that you could spend weeks or even months out of work. Lost wages are the amount of money you lose from missing work while nursing your injuries. In your lawsuit, you will be compensated for the amounts you lost in the form of your monthly salary, commissions, overtime pay, and income from self-employment.

Before you can receive compensation for lost wages, you will require evidence, which could be obtained from a lost wages letter. Your employer writes the lost wages letter and indicates the amount of money you earn per hour, your employment contract, and the number of hours you missed from work. Additionally, you can use your tax return documents to prove your loss.

Lost Earning Capacity

You could lose your ability to return to work and earn a living due to the impact of your burn injuries. This could occur if you have lost the function of your limbs or another part of your body. Recovering compensation for lost earning capacity is challenging because the loss has not occurred. Some of the factors that could impact the amount you recover in this case include:

• The extent of your injuries. You could be compensated for lost earning capacity when your burn injuries are severe. However, there is no requirement for your injuries to be permanent.
• Your age and life expectancy. Younger victims could lose more in future earnings after an injury. Therefore, they receive more compensation.
• Your career prospects. If you were in line for a promotion or were pursuing further study for a better job, your compensation for lost future earnings would be higher.

Pain and suffering

Burn injuries cause severe physical and emotional pain. Although pain cannot be equated to a monetary value, you can seek compensation for this damage in your lawsuit.

Loss of enjoyment of Life

If your burn injuries are severe, you may be unable to engage in fun activities that you enjoyed before the injury. You can use testimony from family and friends to prove the impact of the injury on your ability to enjoy life.

Find a Competent Los Angeles Personal Injury Attorney Near Me

A burn injury can leave you physically and emotionally scarred. Unfortunately, there are times when your injury is a result of another person’s negligence. You are entitled to compensation if you suffer a burn injury from another person’s wrongful act or negligence. Suing the person responsible for your injuries allows you to recover compensation for the economic and non-economic damages associated with your ordeal.

When you file a lawsuit in court, you must establish liability for your injuries and show the connection between the defendant’s actions and your injuries. Filing a lawsuit can be a complicated process, especially when you are nursing your injuries. Therefore, the guidance of a knowledgeable personal injury lawyer is critical.

Your choice of legal representation as you navigate a personal injury lawsuit for your burn injuries can make a significant difference in the outcome of your case. At the LA Personal Injury Law Firm, we understand how a burn injury can impact your physical, emotional, and financial well-being. We offer top-notch legal guidance for our clients battling a burn injury compensation lawsuit in Los Angeles, CA. Contact us at 310-935-0089 to discuss the details of your lawsuit.