Fullerton Burn Injury Lawyer

A burn injury inflicts damage onto the skin and can affect underlying tissues. This is possible due to direct contact with:

• Heat
• Chemicals
• Radiation
• Electricity

Burn injuries can lead to complications, like infections and scarring. Treatment will vary based on the extent of harm endured, with mild burns requiring at-home remedies and severe burns needing specialized care. These approaches do come with financial expenses, along with physical pain and emotional distress.

If your burn injury was caused by another individual or entity, you may be entitled to sue to recover damages. At West Coast Trial lawyers, our Fullerton personal injury attorneys can identify the at fault party, negotiate with the insurance company, and get you maximum compensation to cover the losses you incurred.

With over 20 years of experience in the legal field and a strong track record of delivering client satisfaction, we are confident that you will receive favorable results. 

We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our easy online contact form.

Common Causes of a Burn Injury

Burn injuries can happen in many different scenarios, and are triggered by a variety of sources. Let’s take a look at some common causes.

Thermal Burns

Thermal burns will develop after contact is made with heat sources. This includes:

• Fire
• Hot objects
• Scalding liquids

In terms of visible flames, it can appear in a car accident or a house fire as a result of cooking or lit up candles. Boiling water and heated metal are non-fire cases that can also burn the skin.

Electrical Burns

Electrical burns happen when an individual is harmed due to an electrical source, causing an electric current to travel through their body. This can be triggered by faulty wiring or lightning strikes.

Chemical Burns

Chemical burns can occur when the skin is harmed by reactive substances. This can damage the:

• Skin
• Eyes
• Respiratory system
• Internal organs

The intensity of the burn will vary depending on the chemical’s concentration and how long you were exposed to it.

Radiation Burns

Radiation burns will occur if the skin is exposed to high levels of radiation, like:

• UV-rays
• X-rays
• Radiation therapy
• Radioactive materials

Friction Burns

Friction burns develop immediately after contact is made against a rough surface due to various circumstances, such as:

• Falling off a bike (road rash)
• Rope climbing (rope burn)
• Slipping or falling on a carpet (carpet burn)

What Are the Different Degrees of Burns?

The degree of a burn injury identifies the extent of bodily harm and what level of treatment will be needed. Let’s take a look at each one below.

First-Degree Burns

A first-degree burn is the mildest form of a burn, only affecting the outermost layer of the skin, known as the epidermis. This can result from a brief touch to a hot object or liquids. 

Symptoms may include the following:

• Pain
• Swelling
• Redness
• Dry skin

Treatment will not require extensive care. At-home remedies are typically used for the recovery process, like:

• Cool water
• Moisturizer
• Over-the-counter pain reliever
• Sterile bandage, if needed

First-degree burns occasionally take within 7 to 10 days to heal without scarring. If conditions do not improve throughout this period, it is encouraged to seek medical attention.

Second-Degree Burns

Second-degree burns are more severe, affecting the outer layer of the skin (epidermis) and the underlying layer (dermis). This type of bodily harm is triggered by intense heat contact. The skin may appear:

• Red
• Blistered
• Swollen
• Peeled

Medical care will be needed to prevent infections from developing. This includes applying the following to the impacted area:

• Cool water
• Antibiotic ointment
• Burn creams
• Sterile bandage
• Pain medicine

A second-degree burn will take 2 to 3 weeks to heal depending on the extent of damage and the size of the burn. Some affected individuals may experience scarring or pigmentation changes after recovery.

It is important to monitor the burn injury to detect signs of infection. If you notice pus or increased redness, you should have it examined by a medical professional.

Third-Degree Burns

Third-degree burns, also referred to as a full-thickness burn, are one of the most severe types of a burn. It damages all layers of the skin, including the:

• Epidermis
• Dermis
• Subcutaneous tissue (deep layers of the skin and underlying fat)

It will have a charred, white, or leathery appearance. You will not feel pain as it destroys your nerve endings. But, the surrounding areas may cause you to feel intense discomfort. Swelling and blisters are also expected to appear.

If you sustained a third-degree burn, you must seek immediate medical attention. Your local hospital will provide necessary forms of treatment to help you heal as much as possible. Below are some approaches that may be applied given the circumstances:

• Pain management
• Fluid resuscitation
• Skin grafts
• Antibiotics
• Tetanus shot

The recovery time for a third-degree burn is long, ranging from weeks or even months. Multiple surgical procedures may be needed to ensure your quality of life is improved.

Fourth-Degree Burns 

Fourth-degree burns are the most dangerous and deepest type of burn, going beyond the layers of the skin, extending to the:

• Muscles
• Tendons
• Ligaments
• Bones

It can cause significant and irreversible damage to your skin and underlying structures, and may result in permanent disability or total loss of function in the injury site. Its appearance will have the following:

• Charred or blackened texture
• No pain due to the destruction of nerve endings
• Deep tissue damage
• Massive swelling
• Immobility 

This is a life-threatening condition, requiring immediate emergency medical attention. Treatment options may include:

• IV fluids
• Surgical intervention
• Skin grafts
• Rehabilitation

Similar to third-degree burns, healing will take a lengthy duration of time. Some tissue damage could be permanent, and prosthetics could be required if the impacted area needs to be amputated.

This type of bodily damage can have a significant impact on your mental health. Counseling may be suggested to help you cope with trauma and recovery challenges.

What to Do After a Burn Injury

If you sustained a burn injury, you should assess the affected site to identify what degree it could be. If it is a minor burn, you can use at-home remedies to heal. But, if it is severe, you should present it to a medical professional who can assist with the recovery process.

In cases where it was caused intentionally, you should contact the police immediately. They will arrive at the scene and document the situation. Paramedics may also show up to evaluate your condition and transport you to a nearby hospital for further assistance.

To develop a strong personal injury claim, you should take photos of the burn and write down the date and time in which the incident occurred. Be sure to collect other evidence, as well. This includes witness statements, and a copy of the police report along with your medical records.

Once you have the necessary documentation at-hand, you can present it to our Fullerton burn injury lawyers at West Coast Trial Lawyers. We will review your case and determine what necessary steps should be taken to ensure you get the justice and compensation you deserve.

How Do I Prove Liability?

To prove liability in a burn injury case, you will need to demonstrate the elements of negligence, meaning that you will have to show how the defendant failed to exercise their duty of care and how it directly impacted you in terms of:

• Physical pain
• Emotional suffering
• Financial burdens

Under California’s pure comparative negligence law, all parties will be evaluated to learn what level of fault was committed. Even if you are partially responsible for the burn injury, you can still acquire compensation. However, it will be adjusted based on your percentage of fault.

So, if you are 10 percent accountable and the defendant is 90 percent accountable, your total pay will be reduced by 10 percent. If total damages accumulated to $100,000, you will be granted an estimate of $90,000.

How Long Do I Have to File a Burn Injury Claim?

Under California law, you will be given two years to file a burn injury lawsuit. Be sure to gather significant evidence to support your personal injury case. You can also request our Fullerton burn injury lawyers to assist you with the claims process. If you delay fulfilling such tasks, you could be at risk of exceeding the statute of limitations. And if you happen to go past the deadline, you will no longer be qualified to seek compensation.

However, there are some exceptions that might toll the time limit. For instance, if you are a minor at the time of the burn injury, an extension may be granted until you turn 18. The discovery rule may also apply. If the burn injury was not immediately apparent, the statute of limitations will start from the date of discovery rather than the actual event.

What Compensation Can I Receive for a Burn Injury?

All burn injury cases will have a different settlement value due to the unique challenges each victim may face. The following factors may be considered when determining compensation:

• The severity of your burn injury
• Percentage of fault
• Current and future medical expenses
• Lost income and earning capacity

You can use our personal injury settlement calculator to learn what you could be entitled to simply by inputting the expenses you suffered as a result of the event.

Typically, economic damages and non-economic damages are awarded. Punitive damages can also be included, but under rare occasions.

Economic Damages

Economic damages refer to financial expenses you sustained due to the burn injury, like medical bills and lost wages. This can be easily measured in monetary terms.

Non-Economic Damages

Non-economic damages are intangible losses that are difficult to quantify, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Punitive Damages

Punitive damages are designed to punish the defendant for exhibiting malicious or egregious behavior, and to deter similar actions in the future. It is awarded in about 5 percent of verdicts. To prove punitive damages, you will need to show how the defendant displayed malice, gross negligence, or intentional acts.

Schedule a FREE Consultation with our Fullerton Burn Injury Lawyers Today

At West Coast Trial Lawyers, our Fullerton personal injury lawyers are readily available to assist you with the legal process. We will protect your rights and advocate on your behalf to make sure the responsible party is held liable, and that you are granted a fair settlement.

Our legal team has extensive knowledge and expertise handling personal injury cases, including burn injuries, traumatic brain injuries, and spinal cord injuries. Given our experience as a law firm, we are confident that we will meet or exceed your expectations.

To schedule a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.

Fullerton Burn Injury FAQ

Can I File a Wrongful Death Claim Caused by a Burn Injury?

If a victim passes away due to complications associated with a burn injury, their personal representative or family members can sue the liable party to seek justice. Under California Civil Code of Procedure 377.60, specific parties that are entitled to do this include:

• Spouse
• Domestic partner
• Children
• Parents
• Anyone who was financially dependent on the deceased person

Recoverable compensation in a wrongful death case consist of:

• Medical costs
• Funeral and burial expenses
• Loss of financial support
• Loss of consortium

What Are Some Common Legal Claims for Burn Injuries?

Common legal claims for burn injuries include:

• Personal injury: This happens when someone fails to exercise reasonable care and harms an innocent bystander as a result.
• Product liability: If burn injuries are caused by defective products, victims are eligible to file a claim against the manufacturer, distributor, or seller.
• Premises liability: Visitors who are presented with unsafe conditions are bound to sustain bodily harm, and if that does happen, they can sue the property owner for allowing them to occupy a hazardous environment.
• Wrongful death: This occurs when a victim endures serious injuries that ultimately lead to their death. The at fault party will be met with legal repercussions for their negligent actions.
• Class action: When a large group of individuals endure burn injuries due to similar reasons, they can join together in a single lawsuit against the responsible party.