Sustaining a burn injury can be utterly devastating. Not only are most burns entirely preventable—common causes include chemical spills, malfunctioning electronics, and cooking fires—but they also tend to result in devastating losses.
Fortunately, victims who can prove they wouldn’t have gotten hurt had someone acted with reasonable care usually have grounds for legal action. By filing a tort claim, they can often recoup compensation for damages like out-of-pocket medical bills, lost wages, and pain and suffering.
If you’re thinking about filing a burn injury claim, here’s what you should know before proceeding:
1. How Do You Prove Liability for a Burn Injury?
When putting together your claim, the strongest evidence of liability will come down to the facts of the case. If you were burned in a car accident, for example, this might include black box data, dash camera footage, cell phone records, toxicology reports, and the official police report. If you were burned in an electrical fire, on the other hand, evidence of liability might include the building’s maintenance logs, wiring schematics, and surveillance footage.
Regardless of the specifics, a resourceful burn injury attorney should be able to help you gather the kinds of proof needed to put together a compelling claim.
2. What Types of Personal Injury Damages Are Recoverable in California?
California tort law recognizes both economic and non-economic damages. As long as you can prove you incurred them, you should be able to recover funds for the following:
- Pain and suffering,
- Diminished quality of life,
- Emotional distress,
- Property repairs,
- Lost wages,
- Lost earning capacity,
- Medical bills, and
- Objectively verifiable losses for reasonably necessary replacement services.
3. How Long Do You Have to File a Burn Injury Claim?
Most valid personal injury claims are settled. As long as they’re supported by convincing evidence of both liability and damages, the insurance adjuster is usually motivated to negotiate.
Should some kind of dispute arise along the way, however, arriving at a satisfactory settlement may prove impossible. When this is the case, the claimant often has no choice but to file a formal lawsuit, and they’re going to have to do so before the statute of limitations has passed.
While California’s typical filing deadline for tort actions—including those involving burn injuries—is two years, there are scenarios in which an exception applies. Consequently, it’s advisable to get the proceedings underway as soon as possible, since you may have less time than you think.
Call (562) 206-1939 to Speak with a Burn Injury Attorney in Long Beach
Your Injuries Are Personal to Me
Did you sustain serious burn injuries in some kind of preventable accident? For help holding the liable party accountable, turn to the Law Office of Michael D. Waks.
A tenacious and top-rated trial lawyer, Michael D. Waks has secured numerous six- and seven-figure settlements for his clients. Call (562) 206-1939 or submit the Contact Form on our website to schedule a free initial consultation with this Long Beach burn injury lawyer.
- Seeking Compensation for Pain and Suffering in Personal Injury Cases in California - February 21, 2024
- Pursuing Damages in Wrongful Death Cases in California: Legal Considerations - February 14, 2024
- Pursuing Compensation in Truck Accident Cases: California Laws and Challenges - February 7, 2024