Santa Clemente Burn Injury Lawyer

Burn injuries are some of the most devastating injuries you can suffer. Not only can they be excruciatingly painful throughout debridement and recovery, but they can also leave victims with extreme skin scarring and disfigurement, making it impossible for them to live their lives as they did before their injury. If you have been critically injured in an accident caused by someone else’s recklessness, you can demand they be held accountable to the fullest extent of the law.

With the legal support of a top-rated San Clemente burn injuries lawyer from Text Kevin Accident Attorneys, you can fight for total compensation. Do not get stuck covering even one penny of your expenses when you bring the at-fault party to justice. Contact our legal team to schedule a free consultation today. When you do, your San Clemente personal injury attorney can discuss how your injuries occurred, who we might sue for your damages, and how much compensation you may be entitled to.

What Are the Common Causes of Burn Injuries?

Your burn injury attorney in San Clemente, CA with Text Kevin Accident Attorneys will need to conduct an intensive investigation to determine how your injuries occurred and should be held accountable. Some of the most common types of accidents resulting in catastrophic burn injuries include:

Auto Accidents

Motor vehicle accidents are one of the top causes of burn injuries across California. This can include:

• Motorcycle accidents
• Commercial truck accidents
• Rideshare accidents
• Car accidents
• Pedestrian accidents
• Bicycle accidents
• Bus accidents

Not only is there the risk of road rash, but if the car catches on fire after the collision, victims can experience life-threatening burn injuries, particularly if they are unable to get themselves out of the vehicle.

Defective Products

Whether a product malfunctions due to an inherent design flaw or issue during the manufacturing process, if the product in question sparks, overheats, or explodes, consumers may find themselves with catastrophic burns. You may also be able to sue if the manufacturer failed to provide sufficient warnings that the product could overheat or start a fire when used as intended, such as those that come with items like grills, blow dryers, and power tools, for example.

Common Types of Burns

The type of accident you were involved in will also determine the type of burn injury you sustained. Here are some of the most common types of burns our clients have reported:

• Burns from hot liquids – Hot liquids have the potential to cause scalding burn injuries, as was seen in the infamous Liebeck versus McDonald’s lawsuit back in the 1990s. Workers may also be at increased risk of suffering burn injuries caused by steam.
• Thermal burns – A thermal burn is a burn injury that is caused when you come into contact with the flames of the fire. The length of time the skin was exposed to the flames will play a part in determining the extent of your injuries.
• Chemical burns – Being exposed to toxic household products or industrial chemicals could cause chemical burns due to the chemical makeup of the products.
• Inhalation burns – When you breathe in the smoke from the fire, your injuries may not be as visible as the burns on your skin. However, if left untreated, inhalation burns may prove fatal.
• Radiation burns – Those who are exposed to radiation in the workplace may be at an increased risk for suffering radiation burns. This might include those who work in healthcare, near nuclear power plants, or in the development of radiography equipment.
• Electrical burns – Electrical burns are common with electrocution accidents. These occur most often in construction, farming, forestry, fishing, roofing, HVAC, and in the installation of power lines.

What Are the Categories of Burn Injuries?

Burn injuries are categorized by their severity. The extent of your burn injuries will determine how much compensation you should be awarded for your damages. Here are the burn injury categories as described by Johns Hopkins Medicine:

1st Degree

With a first-degree burn, only the top layer of the skin is injured. You may experience inflammation or redness with a first-degree burn. They can be treated with over-the-counter cooling products and cool water.

2nd Degree

Second-degree burns are more serious and cause blistering and redness in the skin. These require more extensive treatment. The burn injuries will need to be bandaged during healing and could leave victims with skin scars.

3rd Degree

Third-degree burns are also commonly known as “full-thickness burns”. These types of burn injuries cause damage to every layer of the skin. The skin could appear charred or even black in cases of hypothermia.

4th Degree

Fourth-degree burns are often life-threatening. Not only is the skin damaged, but the internal organs, muscles, and tendons could also be destroyed. These types of burn injuries are often disfiguring and may require skin grafts and other more intense treatments.

Damages You Can Recover Through a San Clemente Burn Injury Claim

When you have suffered a critical burn injury after an accident in San Clemente, you have the right to be compensated in full for the total value of your damages. Examples of potentially recoverable losses include the following:

Economic Damages

Your economic damages include all monetary losses. Some examples could include:

• Childcare costs
• Imaging tests
• In-home care expenses
• Lost wages
• Medical expenses
• Prosthetics
• Rehabilitation costs
• Transportation expenses
• Treatment costs

Tip
Keep detailed financial records. Keep all receipts for out-of-pocket expenses organized and gather all relevant financial documents, including paystub, bank statements, credit card bills, medical expenses, and other costs so your burn injury lawyer can accurately calculate the value of your economic damages.

Non-Economic Damages

Non-economic damages are intangible. However, since their impact can be so profound, it is crucial that they be included as we determine how much compensation you should be awarded. Examples of non-economic damages that may be available in your injury claim include:

• Depression
• Long-term disability
• Loss of consortium
• Loss of enjoyment of life
• Mental anguish
• Pain and suffering
• Property damage
• PTSD
• Wrongful death

Pro Tip
Since the value of your non-economic damages is subjective, consider keeping a personal journal that describes all the ways your life has been affected by your burn injuries. Make sure to include how your burns affect you emotionally, your ability to participate in activities you previously loved, and whether your personal and professional relationships have been affected.

Punitive Damages

Punitive damages may be appropriate in your burn injury case, depending on how the accident occurred. Under California Civil Code Section 3294, punitive losses will generally only be issued if the judge finds the defendant’s actions grossly negligent, abhorrent, or egregious. However, it is important to note that punitive damages are not a type of compensatory loss, so they will not be awarded in every personal injury case.

How Long Do You Have to File a Burn Injury Claim in San Clemente?

Generally, the statute of limitations for burn injuries and personal injury lawsuits is two years from the date of the accident under California Code of Civil Procedure Section 335.1. You may have as few as six months to file your burn injury lawsuit if the at-fault party is a government agency or affiliate.

Note
The statute of limitations could be paused temporarily. This is known as “tolling” the statute of limitations. However, extenuating circumstances must apply. Burn victims who are under the age of 18 may have additional time to file their lawsuits, as the statute of limitations would not start counting down until they turned 18. If the at-fault party is out of state, the statute of limitations will pause until they return.

How Can a Lawyer Help My Claim?

Your dedicated San Clemente burn injury attorney with Text Kevin Accident Attorneys will do everything possible to maximize your financial compensation and ensure the liable party is held accountable for their negligence. Here’s how:

Preparing Your Case

We start your burn injury case by investigating the cause of the accident. We will hire accident reconstructionists, forensic analysts, and other experts to help us determine not only how your injuries occurred, but who is responsible. The burden of proof in personal injury lawsuits is based on a preponderance of the evidence under the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. This means the evidence we obtain must clearly convince the jury that the defendant is likely responsible for your burns and the accident that caused them.

Local Results

Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles

Negotiating With the Insurance Company

Many at-fault parties will have insurance coverage that should cover a portion of your damages. But that does not mean the insurance company will settle your claim without putting up a fight. We are prepared to hold the insurance company responsible for their contractual obligations. If your insurance settlement is not enough to meet the true value of your losses, we will be prepared to move forward with your burn injury lawsuit at trial.

Going to Court

If the at-fault party is uninsured or your insurance settlement is insufficient, filing a personal injury lawsuit may be in your best interest. At trial, you have an opportunity to discover the total value of your losses without the limitations that come with an insurance settlement. if multiple parties are found liable for your damages, we are prepared to pursue litigation against anyone and everyone who shares culpability.

Life is better now!

Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.

My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).

“OH” and can’t forget, His support team gets 5 stars as well.

Thank you Kevin, Thank you!

Rob Peltier
San Clemente, CA Accident

San Clemente Burn Injury FAQs

Suffered Burn Injuries in San Clemente, CA? We Can Help!

Whether you have suffered a first, second, or third-degree burn injury, if someone else is responsible for causing the accident you were involved in, you should not be stuck dealing with the consequences. It is bad enough that you are dealing with the critical injuries and extreme emotional distress caused by the accident you were involved in. You should not be forced to cover the costs while the liable party moves forward with their life.

This is your opportunity to demand they be brought to justice. With help from a high-powered San Clemente burn injury lawyer from Text Kevin Accident Attorneys, you can request the full and fair compensation you deserve. Our team is fully prepared to negotiate with money-hungry insurance companies and advocate for your right to total repayment of your damages at trial. Complete our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.

San Clemente FAQs