Burn injuries can leave lasting scars, but don’t let them dictate your future. Text Kevin Accident Attorneys are here to fight for the compensation you deserve so you can focus on healing. If someone else’s negligence caused your burn injury, Text Kevin Accident Attorneys is here to listen, to understand your fears, and to fight tirelessly for your rights.
We know the way through California’s legal system, stand up to insurance companies, and demand the compensation you deserve. Let our burn injury team handle the legal battles while you focus on healing and rebuilding. Meanwhile, this guide provides crucial information about burn injuries and your legal rights.
Can I Sue For a Burn Injury in Huntington Beach, CA?
In Huntington Beach, like the rest of California, you can sue for a burn injury if someone else’s negligence caused it. This could be a landlord, employer, manufacturer, or any other individual or entity responsible for your safety.
There might not be specific laws unique to Huntington Beach, but California’s personal injury laws are designed to protect you. They hold negligent parties accountable and ensure victims receive compensation for medical bills, pain and suffering, lost wages, and other damages.
It’s essential to consult with a personal injury attorney who specializes in burn cases. We can assess the specifics of your situation, explain your rights, and guide you through the legal process.
Types of Burn Injuries You Could Sue for
If any of these situations sound familiar, don’t hesitate to contact a knowledgeable burn injury attorney in Huntington Beach. We can help you understand your rights and fight for your deserved compensation. Here are some common scenarios where you could have a case:
- Motor vehicle accidents fires after crashes can cause severe burns.
- Huntington Beach has a history of oil and gas operations, and accidents in this industry can be devastating, often resulting in severe burns.
- Construction sites are potential hazards. You may be entitled to compensation if your burn injury was due to a fire, explosion, or electrical mishap on a construction site.
- Welding is a skilled trade, but accidents can and do happen. Welding-related burns can be severe and life-altering.
- Ranch and farm accidents involving machinery, chemicals, or fires.
- Recreational accidents in camping trips, boating adventures, or sporting events can cause burn injuries, turning a fun outing into a nightmare.
- Where a defective product caused your burn, you might be eligible to file a product liability claim against the manufacturer, distributor, or product seller.
What should I do if I suffer a burn injury?
Eliminate the source of fire first. If someone is on fire, quickly smother the flames with a blanket or by having them stop, drop, and roll. For electrical burns, immediately cut off the power source before touching the victim. Here are the next steps you need to take to protect your health and potential legal rights:
1. Seek Immediate Medical Attention
Assess the severity to determine the type of burn you have. First-degree burns only affect the skin’s outer layer (redness, pain). Second-degree burns involve the outer and underlying layer (blisters, severe pain). Third-degree burns damage or destroy the deepest layer of skin and underlying tissues (white or blackened, charred skin may not be painful due to nerve damage).
2. Document the Burn Injury Incident if Possible
If possible, take pictures of your burns and the accident scene. If the burn occurred due to a defective product, malfunctioning equipment, or someone else’s negligence, preserve any evidence related to the cause.
Write down everything you remember about the incident, including the time, location, circumstances leading to the burn, and any witnesses present.
3. Consult an Attorney
If your burn injury resulted from someone else’s negligence or a defective product, consult our personal injury attorney specializing in burn injuries in Huntington Beach, CA. We can evaluate your case, explain your rights, and guide you through the legal process.
What if My Burn Injury is Permanently Disabling?
A permanently disabling burn injury can lead to catastrophic injuries, including traumatic brain injury, spinal cord injury, and sometimes wrongful death, and alter the course of your life. In California, the window to seek justice and compensation is a two-year statute of limitations (California Code of Civil Procedure section 335.1).
Meaning you generally have two years from the date of the burn injury to initiate legal action against the party or parties responsible for your injury. However, there are important exceptions to consider:
Delayed Discovery Rule
In certain circumstances, the “delayed discovery rule” can be a lifeline for burn injury victims in California. This legal principle, rooted in fairness and equity, pauses the ticking clock of the statute of limitations until the point at which you could reasonably have discovered the full extent of your injuries and their connection to someone else’s wrongdoing.
The rule typically applies if either of the following conditions are met:
- Lack of awareness: You were genuinely unaware of facts that would have alerted a reasonable person to the possibility of harm caused by another party’s actions or negligence.
- Hidden harm: Despite exercising reasonable diligence and conducting a good-faith investigation, the link between the harmful product, situation, or conduct and your injuries remained concealed.
The delayed discovery rule recognizes that some injuries, particularly those with latent or progressive effects like specific burn injuries, may not be immediately apparent. It ensures that victims have a fair opportunity to seek legal recourse once they become aware of the harm they’ve suffered and its cause.
Note
For minors (under 18), the statute of limitations may be extended until they reach adulthood. If your injury resulted from the negligence of a government entity, you must file a claim within six months of the injury, as per the California Government Code section 911.2.
Workers’ Compensation and Social Security Disability
If your burn injury occurred on the job, you may be eligible for workers’ compensation benefits, regardless of who was at fault. This can provide financial support for medical expenses and lost wages.
Additionally, if your disability prevents you from working, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Applying for these benefits can be complex, so we strongly recommend seeking legal guidance.
A permanently disabling burn injury can lead to a lifetime of medical treatments, rehabilitation, assistive devices, and lost earning capacity. According to the American Burn Association, the average lifetime cost of care for a severe burn injury can reach millions of dollars.
Should I Accept a Settlement From the Insurance Company?
Insurance can be a complex process, especially when dealing with burn injuries. But you may be entitled to compensation from various insurance policies, such as:
- Your own health insurance: This will typically cover your medical expenses, but it’s important to understand the limits of your policy.
- The at-fault party’s insurance: If another person or entity was responsible for your injury, their liability insurance may cover your damages.
- Uninsured/Underinsured motorist coverage: If you were injured in a car accident caused by a driver without sufficient insurance, your own policy may provide coverage.
Why You Need an Experienced Burn Injury Attorney
Burn injury cases are sometimes complicated and involve extensive medical evidence, expert testimony, and negotiations with insurance companies. Our top-rated burn injury attorney can
Investigate the cause of your injury to determine who is liable and identify all potential sources of compensation.
At Text Kevin Accident Attorneys, we’ve dedicated our practice to helping burn injury victims reclaim their lives. Our team of seasoned attorneys has a proven track record of success in these complex cases. We have an in-depth understanding of burn injury law and a deep compassion for our clients. Here’s how we can help:
Comprehensive Investigation
We leave no stone unturned in building your case. We gather evidence, interview witnesses, consult with medical experts, and reconstruct the accident scene to determine liability and maximize your compensation.
Aggressive Negotiation and Trial Expertise
We’re fearless in taking on insurance companies and fighting for your rights. We have a reputation for our tenacity and negotiating skills, and we won’t settle for anything less than what you deserve.
We’re prepared to take your case to court if a fair settlement cannot be reached. Our trial attorneys are seasoned litigators who will advocate for you every step of the way. We understand that burn injuries are not just physical; they’re emotional as well. We offer compassionate support and guidance throughout the legal process, helping you navigate this difficult time.
Pro Tip
For severe burn injuries, it can be strategic to delay filing a claim. Because, waiting until closer to the statute of limitations deadline allows you to complete more of your medical treatment, giving you a clearer picture of your future medical needs. However, missing the deadline means losing your right to sue, so having an experienced attorney is crucial.
How Much Can You Claim For a Burn Injury?
The exact amount you can claim depends on several factors below. Medical bills, lost wages, and ongoing care can quickly add up, not to mention the intangible costs of pain, suffering, and emotional distress.
- The severity of the burn – More severe burns typically result in higher compensation due to increased medical costs, longer recovery times, and pain and suffering.
- The extent of your injuries – The size and location of the burn and any complications or permanent scarring will affect the value of your claim.
- Impact on your life – If the burn has significantly impacted your ability to work, perform daily activities, or enjoy life, you may be entitled to additional compensation.
- Strength of your case – The clearer the evidence of negligence and the stronger your legal arguments, the higher your potential settlement or award.
Tip
Burn injury lawsuits are not quick fixes. If we go to trial, they can take years to resolve. But if the parties involved are willing to negotiate early, a settlement could be reached in months. You may be contacted by the insurance company of the person or company responsible for your injury shortly after your accident.
They may even offer you a settlement. While accepting the money and moving on is tempting, be cautious. Accepting a settlement means waiving your right to sue, and it’s unlikely that the initial offer will fully compensate you for the long-term impact of your injuries.
How Much Will I Pay The Burn Injury Lawyer
We understand burn injuries are expensive. So, we offer you a way to fight back without worrying about upfront legal costs. If you’re in Huntington Beach and have suffered a burn injury due to someone else’s negligence, our lawyers offer free consultations to discuss your case and explain their fees.
Our personal injury team works on a contingency fee basis. This means you only pay if we win your case; the fee is a percentage of the compensation we secure for you. The severity of your injury and the complexity of your case can affect the overall cost. Contact our law firm in Huntington Beach. We can provide personalized advice and help you understand the potential financial implications of your case.
Thank you. I’m happy and thankful for your efforts especially since the last atty messed up. Thanks for fixing things and taking my case.
Kristena Knutson-Serrano
Huntington Beach, CA Accident
Let a Burn Injury Lawyer Help You Get the Compensation You Deserve
Burn injuries aren’t just a matter of degrees. They’re not just about damaged skin. They’re about lives forever altered, about families grappling with unexpected burdens. Whether from a kitchen accident, a workplace mishap, or a devastating fire, burn injuries strike without warning, leaving lasting physical and emotional scars.
At Text Kevin’s Accident Attorneys, we understand the unique challenges burn survivors face. We know that the road to recovery is long and often painful. That’s why we’re dedicated to fighting for your rights, securing the compensation you deserve, and helping you rebuild your life. Contact us today for legal help.