Burn injuries are some of the most physically and emotionally taxing types of injuries you can experience. Not only is the debridement process painful for injury victims, but depending on the severity of your burn injuries, you may find yourself dealing with permanent skin scarring or disfigurement that reminds you of the trauma of your accident every time you look in the mirror. If someone else is found liable for the injuries you sustained, you may have the right to take legal action against them.
Your options for legal recourse will vary based on how the accident occurred, whether the at-fault party has insurance coverage and other factors. Consult an in-demand Garden Grove burn injury lawyer from Text Kevin Accident Attorneys when you are ready to pursue the just compensation you are entitled to. Our team will retain forensic experts and accident reconstructionists to help us build the strongest case possible against the liable party. Learn more about who could be sued for your damages and how much compensation you should request in your lawsuit when you contact our legal team to request a 100% free consultation.
Accidents Known for Serious Burn Injuries in Garden Grove
No matter what type of accident you were involved in, if someone else is at fault, you can take legal action against them. After all, there is no reason you should be stuck absorbing the consequences of their negligence while they quickly move forward with their lives. Your burn injury lawyer in Garden Grove from Text Kevin Accident Attorneys will begin the claims process with an intensive investigation.
Note
We are prepared to hire accident reconstructionists, question witnesses during depositions, and build a case based on a preponderance of the evidence per the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60 that the accused is responsible for your trauma and resulting damages.
Here are some of the most common types of accidents known for causing catastrophic burns:
Motor Vehicle Accidents
Motor vehicle accidents are some of the top causes of burn injuries across Garden Grove and throughout California. Some of the most common types of motor vehicle wrecks that our clients have reported include:
- Motorcycle accidents
- Truck accidents
- Rideshare accidents (Uber and Lyft accidents)
- Bicycle accidents
- Pedestrian accidents
- Scooter accidents
- Car accidents
- Boat accidents
- ATV accidents
Many of these collisions are caused by unsafe driving. The driver who hit you might have been under the influence of drugs or alcohol, distracted, too tired to drive safely, or failed to uphold traffic rules and regulations, including speed limits, yielding, or making unsafe lane changes. However, dangerous conditions on Garden Grove roads and malfunctioning car parts have also been known to cause collisions and catastrophic burn injuries.
Work Injuries
No matter what your line of work is, there is always a possibility that a freak accident could leave you with devastating burns or other traumatic injuries. Some of the most dangerous work environments, according to the Occupational Safety and Health Administration (OSHA), include:
- Construction
- Agricultural farming
- Oil field work
- Logging
- Transportation
- Education
- Healthcare
- Warehouse work
- Fishing
- Forestry
- Roofing
Tip
If you are injured in a work-related accident, you may be able to collect workers’ compensation benefits per the California Department of Industrial Relations. Generally, when you accept workers’ compensation, you lose the right to file a personal injury lawsuit against your employer. However, you can collect workers’ compensation and still file a legal claim for your burn injuries if the accident was caused by a third party.
Premises Liabilities
Premises liability accidents can take several forms. Essentially, any accident that happens on someone else’s property could be considered a premises liability case. Here, property owners are typically held accountable for the victim’s damages. Some examples of premises liability accidents include:
- Slip-and-fall accidents
- Animal attacks and dog bites
- Trampoline accidents
- Negligent security
- Failure to make necessary safety repairs
Defective Products
Product defects may be one of the top causes of burn injuries across the nation. When consumers purchase products, they trust that these items will work as intended. You should not have to worry that an item you purchased will explode or start a fire when used correctly. Unfortunately, these types of accidents happen with alarming frequency. Generally, these items are defective due to manufacturing errors, design flaws, or a failure to adequately warn consumers of the risks. Some examples of products that have been named in burn injury lawsuits include:
- Lawn equipment
- Children’s toys
- Electric blankets
- Defective drugs
- Steering wheel systems
- Heating pads
- Medical devices
- Airbags
- Cords and plugs
- Home improvement tools
- Firearms
- Dishwashers
- Microwaves
- Faulty brakes and tires
- Washers and dryers
- Space heaters
- Pools
- Work materials
- Lamps
- Transformers
- Seatbelts
Common Types of Burn Injuries
The severity of your burn injury will determine how much compensation you can recover for your damages. According to Johns Hopkins Medicine, there are several types of burn injuries, classified based on how deeply they affect the skin, including:
- Superficial burns, also commonly known as first-degree burns, affect the outer layer of the skin, called the epidermis. These typically do not blister or cause long-term tissue damage. Mild sunburns can be classified as first-degree burns.
- Partial thickness burns, also commonly known as second-degree burns, can affect the dermis and epidermis layers of the skin. They may blister and be extremely painful for the victims. It is not uncommon for second-degree burns to cause scarring.
- Full-thickness burns, also known as third-degree burns, affect the deepest layers of the skin and often penetrate the fat layer beneath your skin. While they may feel leathery and firm and leave you with little or no pain, third-degree burns can lead to permanent scarring and disfigurement.
How to Make the At-Fault Party Pay for Your Garden Grove Burn Injury
How your accident occurred will determine how your Garden Grove personal injury attorney with our firm approaches your case. Liable parties typically have insurance coverage in place that will cover at least a portion of your damages. Unfortunately, the insurance company is not required to compensate you for every loss. They are only required to pay you for the maximum amount of coverage purchased for specific covered losses. This means if the at-fault party only has $30,000 in bodily injury liability coverage but your medical bills are well over $200,000, you would still have over $170,000 in medical bills after your insurance settlement.
Pro Tip
You may need to bring your case to trial if you hope to get the most out of your claim. When you have your case heard by a judge and jury, you can request the total value of your damages. This way, you are not only avoiding the expenses caused by another party’s negligence, but you also have the financial support you need to rebuild your life and build a brighter tomorrow.
Garden Grove Burn Injury FAQs
Punitive damages are an additional form of compensation that can be awarded in civil lawsuits. Punitive relief may be available if the court system finds the defendant’s actions punishable per California Civil Code Section 3294. Someone who causes your injuries accidentally may be expected to cover the full value of your losses. If another party intentionally causes your injuries or does so with a blatant disregard for the safety of others, the judge may deem it appropriate to punish them for their negligence.
It depends on the severity of your burn injuries. The Social Security Administration (SSA) does include severe burn injuries in its list of qualifying medical conditions. However, the extent of your burn injuries and the part of your body that was affected will determine whether the SSA grants or denies your application for disability benefits.
Your healthcare provider should include the percentage of your body that was burned as part of your medical records. Many providers use the rule of nines to estimate the total body surface area that was burned. The rule of nines assigns a percentage of a body’s total surface area based on the part of the body that was burned, according to the National Library of Medicine. This includes:
- 18% each for the lower extremities
- 36% for the combined anterior and posterior torso
- 9% each for the abdomen and chest.
- 9% for the head
- 9% each for the upper extremities
- 1% for the perineum or genital area
Do not panic if the liable party tries blaming you for your burn injuries. This is a common tactic used by at-fault parties to avoid financial liability. By blaming you, they can increase the likelihood that your settlement will be reduced. You are only entitled to compensation for the portion of the accident that was not your fault. According to California Civil Code 1714, under the state’s pure comparative negligence laws, your percentage of liability will be taken out of your award.
For instance, if you were involved in a car accident and suffered devastating third-degree burns when the vehicle went up in flames, the liable party may accuse you of contributing to the accident by driving 5 mph over the speed limit. If the judge agrees and finds you partially liable, they may determine that you are 5% responsible for your burn injuries. If you were awarded a $500,000 settlement due to the involved parties negligence, instead of receiving the full $500,000, you would only be entitled to $475,000, a $25,000 loss due to your shared liability.
Every burn injury is different, so the cost will vary widely on a case-by-case basis. If you find yourself with an infection, require skin grafts, or need reconstructive surgery to treat disfigurement caused by your burn injuries, you can expect to incur additional medical expenses. In any case, it is not unusual for burn injury victims to find themselves with hundreds of thousands of dollars in medical bills alone. That does not include the other out-of-pocket and financial costs associated with burn injuries, including:
- Lost wages
- Increased insurance premiums
- Loss of health insurance provided by your employer
- Credit score damage
- Loss of your employer’s contributions to your retirement savings plans
- Ongoing medical expenses and future medical treatment
Your Garden Grove burn injury attorney must file your lawsuit within two years of the accident date. Under California Code of Civil Procedure § 335.1, the personal injury statute of limitations in the state of California gives injury victims a limited amount of time to file their lawsuits. If your claim is not filed before this deadline, or if you do not contact a legal advocate to initiate the claims process soon enough, you could be prohibited from holding the liable party accountable in civil court.
Most insurance policies are designed to cover specific losses, not specific injuries. This means no matter what type of injury you suffered, whether that be a traumatic brain injury, burn injury, spinal cord injury, or other catastrophic injury, if the liable party has insurance coverage, it should cover at least a portion of your damages.
Consult a High-Powered Garden Grove Burn Injury Attorney Today
Whether you are having trouble coping with the expenses associated with first-degree burns, the extraordinary pain that comes with second-degree burns, or the debilitating side effects of a third-degree burn injury, if your life has been profoundly affected by someone else’s negligent actions, you can hold them accountable to the full extent of the law. With the support of a trial-proven and compassionate Garden Grove burn injury lawyer from Text Kevin Accident Attorneys, you have an opportunity to take back control of your future.
While you start to pick up the pieces of your life, your legal advocate can work on identifying the liable party, gathering the evidence we need to support your case against them, and going up against insurance companies and liable parties at trial. Learn more about what is next for your burn injury case when you contact our law office to schedule your no-cost, risk-free consultation. Fill out our contact form or call us to get started today.
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