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Personal Injury Firm in Los Angeles

West Coast Trial Lawyers


Los Angeles Burn Injury Attorney

Burn injuries are among the most painful and devastating injuries anyone can experience. Burn injury victims often require costly plastic surgery, and may still be left with permanent scarring. Many burn injury victims also suffer from excruciating pain and psychological scars that make it nearly impossible to ever live a normal life. 

A burn injury can be caused by a product defect, a workplace injury, or someone’s negligence. In essence, the individual or company responsible for a burn injury will be held liable to the victim for his or her losses.

A burn injury victim may be entitled to compensatory damages for:

1)Filing A Burn Injury Claim

A burn injury victim is entitled to file a personal injury to seek money damages for his or her physical injuries and financial losses. As mentioned, burn injury claims will generally be based on:

  1. Negligence
  2. Product Defects
  3. Premises Liability

2)Types Of Burn Injury Cases

Some of the most common burn injury causes include:

  • Construction Site Accidents
  • Fireworks Accidents
  • Car Accidents
  • Kitchen Accidents
  • Scalding Water
  • Chemical Burns

2.1 Premises Liability And Burn Injuries

A property owner may be held liable if a burn accident happens because of a hazard on their property. According to California premises liability law, all property owners and occupiers are legally required to maintain their property in reasonably safe conditions.

This means that every property owner has a duty of care to maintain their property, repair any hazardous conditions, or at least provide adequate warnings about any hazardous conditions on their property.

2.2 Negligence And Burn Injuries

Negligence is essentially a wrongful act committed by an individual, company, or group that caused harm to someone else. In order to successfully pursue a burn injury claim, a victim must prove that: 

  • The defendant owed the burn injury victim a duty of care
  • The defendant failed to comply with this duty of care
  • The defendant’s failure to comply with their duty of care was the significant factor that caused a burn injury victim’s losses

California is a comparative liability state, which means that a burn injury victim may still recover some damages even if he or she is found partially liable for the accident. A burn injury victim’s available damages will of course be reduced by his or her degree of fault.

2.3 Faulty Products And Burn Injuries

A company who produces or sells a defective product that causes a burn injury may be held liable for any losses caused. According to product liability law, anyone involved in the chain of distribution — including product designers, manufacturers, or sellers — can be held strictly liable for injuries caused by the faulty product

Strict liability cases typically revolve around:

  • Defects in the design process 
  • Defects in the manufacturing process
  • Lack of adequate warnings about a hazard or proper instructions about how to safely use that product

In order to successfully pursue a product liability lawsuit after a burn injury, a victim must prove that the:

  • Defendant designed, manufactured, or sold a defective product
  • Product already had a design, manufacturing, or warning defect when it left the defendant
  • Burn injury victim used this product in a reasonable way
  • Product defect was the significant factor that caused a burn injury victim’s losses

2.4 Injured On The Job

If you suffered a burn injury while at work, you will have to file a worker’s compensation claim in order to recover damages. An employee is not required to file a lawsuit or prove an employer’s negligence. Generally speaking, non-economic damages are not available.

An employee who suffered a burn injury on the job may have the option of filing a personal injury claim but only if their accident was:

  • Caused by a third party
  • Caused by deliberately harmful acts
  • Made worse by an act or circumstance which the employer concealed by fraud, or
  • If that employer doesn’t have any workers’ compensation insurance when the accident took place

3)Available Damages In A Burn Injury Claim

A burn injury victim may be entitled to compensatory damages (doc) for:

  1. Emotional Distress
  2. Lost Wages
  3. Medical Bills
  4. Loss Of Consortium

3.1 Economic Damages Vs. Non-Economic Damages

In a burn injury accident, economic damages may include:

  • Surgeries
  • Burn Unit Treatments
  • Skin Grafting 
  • Lost Earning Capacity
  • Property Damage

Non-economic damages may cover a burn injury victim’s losses for:

  • Scarring
  • Emotional Distress
  • Disfigurement
  • Physical Impairment
  • Loss Of Enjoyment Of Life
  • Loss Of Consortium

4)Can I Sue On Behalf Of A Family Member Who Was Killed?

Surviving family members may be able to file a wrongful death claim if a family member was killed in a fire accident. A wrongful death lawsuit allows certain surviving family members to recover damages and also hold the wrongdoer liable for their actions.

In the majority of wrongful death cases, the surviving family members who are entitled to file a wrongful death claim include:

  • The spouse
  • The registered domestic partner
  • The children of the deceased
  • The grandchildren of the deceased, if the children have already passed
  • Any person who is entitled to the decedent’s property according to California intestate succession laws

Available damages after a wrongful death claim may include:

  • Funeral costs
  • Burial costs
  • Loss of companionship, support, affection, and guidance
  • Loss of financial support that the deceased should have provided had they not been killed

West Coast Trial Lawyers Is Here to Help

A burn injury attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and more. 

Call us today at (213) 927-3700 or email info@westcoasttriallawyers.com to schedule a free consultation with our experienced, caring and compassionate legal team.

References

https://www.justia.com/trials-litigation/docs/caci/1000/1001/

https://www.justia.com/trials-litigation/docs/caci/400/405/

https://www.justia.com/trials-litigation/docs/caci/1200/1200/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=6.&title=&part=2.&chapter=1.&article=



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