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Burn Injury: How to Determine Liability & File a Lawsuit

Contact Skilled California Personal Injury Attorneys

Burn injuries can happen at any time. It might occur from a defective product, sudden car accident, or because of someone else’s negligence. Because the injuries can be catastrophic if left untreated, you should not hold off on pursuing legal action. The company or person responsible for the injury is liable for damages. Even if you were partially to blame for the accident, there is a slight chance for compensation based on the defendant’s level of fault. At Grey Law, we want you to have ample time to file a personal injury claim. If you don’t know where to begin, start by consulting with a fire injury attorney in Los Angeles.

How To File a Burn Injury Lawsuit in California

Burn accident injuries can take a financial toll on victims and their families. Across the U.S., many have taken up the opportunity to file a lawsuit in court. However, you have a two-year limit to file a claim and settle for negligence.

Negligence is defined as a wrongful act or inability to act from an individual, company, or group of people. In court, you and a burn injury lawyer in LA have to prove exactly how someone else caused your wounds. It is a crucial component of cases based solely on fault. A few elements that your legal counsel will consider are:

  • Whether the defendant owed the plaintiff a duty of care,
  • If the defendant breached that duty; and
  • How the action/inaction became a factor in your harm overall.

Depending on the nature of your case, you may be able to recover the following:

  • Medical expenses (past, present, and future)
  • Loss of job and income
  • Changes in earning capacity
  • Pain and suffering

Example of a Case Built on Negligence

You were on a California beach with a group of friends on Memorial Day. Your friend brought fireworks in celebration but thought it would be funny to throw them into the bonfire to scare a few people.

When the fireworks get thrown into the fire, they explode and set your hair on fire. You sustain thermal burn injuries around your face and get blisters along your scalp.

As one of the victims to get burned, you can file a personal injury claim against your friend for carelessly handling illegal fireworks and setting them on fire. Not only are you blistered, but it may take a long recovery time.

There are three degrees of burns. The first-degree is mild and usually does not require medical treatment. Second-degree burns should be treated by a doctor immediately; blistering, red skin can cause extreme pain. Third-degree burns are the most severe; it penetrates through the skin and destroys surrounding tissue. Keeping this in mind, it can take some time before you completely heal. According to the American Academy of Family Physicians (AAFP):

  • It can take 3 to 6 days for superficial burns.
  • Less than 3 weeks for partially thick burns.
  • More than 3 weeks for deep burns.

Burn Injuries from Defective Products

When a defective product is to blame, your LA burns injury attorney can act against the companies that produced, and distributed the product, even where there is no one to blame directly. California is one of many states that enforce strict laws against defective items that cause harm, whether it be a manufacturing, design, or warning defect. Burn injury victims must prove the following:

  • The company designed, manufactured, distributed, or sold the product.
  • The product was defective when it left the company’s possession.
  • The victim used the product as it was intended to be used.
  • The defect was a factor that caused the victim’s harm.

Premises Liability – Fires

Did a fire cause your injury? If you were surrounded by dangerous conditions on another person’s property, there are policies in place to protect your rights. Owners and occupiers must ensure safety standards are completely met to fulfill their duty of care.

Residential fires have been leading per reports issued by the U.S. Fire Administration. With nearly a million fire outbreaks happening annually, you should have cautionary plans in place.

Burned On the Job?

When you get hurt at work, our Los Angeles workplace injury attorneys strongly recommend filing a workers’ compensation claim. Following your company’s guidelines on workplace injuries can save you time from filing a lawsuit. It acts as no-fault insurance to cover all medical costs and partial wage replacement. Employees should file a personal injury suit if it was caused by:

  • A third party
  • Intentional act to cause harm
  • Brought on by something an employer was hiding
  • If the employer does not have workers’ compensation insurance

Burn Injury Treatment: What to Know

According to the Centers for Disease Control and Prevention (CDC), over 400,000 fires required medical treatment in 2011. While that was years ago, the fact remains that it is still a prevalent concern. Most of the burns occurred from open flames, scalding liquids, electrical burns, and chemical burns.

Moderate burn injuries can be costly to treat. Per the CDC report, victims might face a bill of $200,000 or more. When the severity worsens, medical costs can reach millions. The medical procedures are often intricate. Additionally, there is an increased risk of experiencing:

  • Psychological damages
  • Disfigurement
  • Decayed skin
  • Infections
  • Skin graft failure

If you were injured recently, act immediately! You can reach out to our skilled attorneys to confidentially discuss your case.

Have Questions? Reach Out to A Burn Accident Law Firm in Los Angeles

“When it comes to getting you more, I won’t settle for less.” – David Grey

When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:

  • Traffic Accidents
  • Premises Accidents
  • Personal Injuries
  • Product Liability
  • Nursing Home Abuse

Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be challenging to choose legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at (323) 857-9500 or email

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