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5 Steps to Win a Burn Injury Accident Claim

5 Steps to Win a Burn Injury Accident Claim

A burn injury can happen anywhere and so suddenly, too. But you don’t have to suffer the injuries and burden of medical bills on your own. People are not expecting to be burned when the go out in public, to a restaurant, get in their car, or go to visit a friend. However, accidents do happen and it’s important to take immediate action to preserve your case when they do in order to have a successful claim. We all remember the famous McDonald’s coffee spill lawsuit that took place in 1992 and how this case was a landslide win for burn injury victims. Let’s break down burn injury accidents and how to file a successful claim with our expert team of burn injury attorneys from West Coast Trial Lawyers.

Common Causes of Burn Injuries 

A burn injury can happen anywhere at any time. Here are the most common causes of burn injuries: 

After a Burn Injury, Take These 5 Steps Immediately

Getting burned can be an excruciatingly painful experience and there is need to act fast to prevent further, permanent damage and get the resources you need to recover well. Here are the 5 steps to take immediately after getting burned:

  1. Don’t claim fault of blame and stay as calm as possible. Try to stay calm and remember that anything you say can be used against your. Don’t apologize for getting burned or claim that it was your fault that the burn happened in an attempt to downplay the scene of the accident. Call for an ambulance or get yourself to an emergency room as soon as possible. 
  2. Attain the contact information of the burn perpetrator and any witnesses to the incident. While awaiting for the ambulance to arrive or before heading out, leave your name and contact information with the people at the scene of the accident. Get this same information of the person who burned you, or of the property owner or product owner. If there were any witnesses to your burn accident, be sure to also attain their contact information and ask if they would offer witness testimony in the future. 
  3. Get immediate medical attention and follow treatment. Call for emergency medical assistance if needed or get yourself to the emergency room as soon as possible. This is a crucial factor to building your case and to also recover well from your injuries. Delaying your receipt of medical attention will cause insurance claim agents to doubt the severity of your injuries. Not only this, buy delaying medical treatment for your burns can result in further damage, infection, and deeper scarring. You must get immediate treatment and follow up on treatment for your burns. 
  4. Preserve as much evidence as possible. Get photos and/or video of the scene of the accident, the injuries, receipts of the product or service bought, and any other relevant information and/or evidence that could help build your case. Ask for video footage of the accident if it occurred on a premises where security cameras were in place. 
  5. Get an experienced burn injury attorney on your side to help your build your case, cover your medical bills as they’re incoming, file your claim, negotiate an insurance settlement, and if needed, to represent you in court. If you try to file a burn injury claim on your own, insurance companies might out-right deny it or work to have you settle for minimum compensation. Medical bills could pile up easily and you could be at a great loss for injuries you could hold other parties accountable for causing.

Types of Burns

The severity of your burn injury depends on the degree of the burn and this can determine the amount of compensation you are eligible for. Here are the different degrees of burns: 

  • First Degree. First degree burns are superficial burns that only affect the top layer of skin. They can cause skin, swelling, redness, pain, and peeling of skin. 
  • Second Degree. Second degree burns are those that extend beyond the first layer of skin and can result in blistering that can pop, lead to infection and scarring. 
  • Third Degree. Third degree burns are very damaging as they extend beyond all layers of skin. This can cause nerve damage.
  • Fourth Degree. This degree of burn is the most severe and can cause the loss of tissue, muscle, and bone. 

Who Is Liable for Burn Injuries?

Who is responsible for your burn injuries depends on the level of negligence they committed that led to the causing of the accident. California is a fault state, meaning that somebody must be found at fault for causing an injury. California is also a comparative liability state, meaning that multiple parties can be found at fault. Here are some of the different parties that can be found at fault for causing your burn injuries, dependent on the source of the burn:

  • Product manufacturers. The company that designed and/or manufactured the product that caused your burns could be held liable for letting a defective and/or dangerous product hit the market.
  • Property owners. The owners of the property where your burn injury occurred could be held liable if they were negligent of taking the proper precautions to prevent accidents that can lead to burns taking place. 
  • Employers/employees. Employers can be held accountable for not properly training their employees on burn prevention practices and employees can be held liable if they were negligent to the proper precautions to prevent burns.

Need a Burn Injury Attorney? West Coast Trial Lawyers Can Help

Get the compensation that you deserve! Our experienced team of burn injury attorneys at West Coast Trial Lawyers can help you cover medical bills as they come in and ensure that you receive compensation for all of your losses by negotiating with the insurance companies and/or filing a lawsuit if needed. Call us today at 888 341 9802 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate expert personal injury legal team.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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