A burn injury can affect more than just the surface of the skin, leading to physical damage, emotional strain, and financial burdens. Based on the extent of harm incurred, burns may require extensive medical care while also affecting daily life. If it is caused by someone else’s negligence, pursuing a claim may be necessary to protect your rights and hold the responsible party accountable.
At West Coast Trial Lawyers, we are here to guide you through each stage of the legal process, from assessing your case to constructing a strong claim. Whether your situation gets resolved through negotiations or requires filing a personal injury lawsuit, we will work diligently to secure a fair settlement that accurately reflects the full value of your case while allowing you to focus on healing with a peace of mind.
To schedule a FREE consultation, we welcome you to reach out to us by calling (213) 927-3700 or completing our easy online contact form.
What Burn Injury Victims Can Expect From WCTLย
Burn victims deserve more than just basic representation, they should have a legal team on their side that understands the full impact of their injuries. At our personal injury law firm, we will provide quality legal services made to support you through every stage of your lawsuit, from the moment you submit an insurance claim to the final resolution.
Our attorneys have over 20 years of experience handling personal injury claims and more than $1.7 billion in settlements recovered on behalf of our clients. They also come from top institutions, including Harvard, and will work with you to build a strong claim. Our team knows what it takes to help clients seek compensation for losses incurred.
How Much Does WCTL Charge for Their Services?
We work under a contingency-fee basis, meaning there are no hidden fees. You only pay if we win your case. Our transparent fee structure ensures you are always in the know of what to expect. Our legal services are accessible on a 24/7 basis. We provide multilingual support so every client can feel informed no matter their background.
How a Burn Injury Can Disrupt Daily Life Long After Healing
Even after wounds start to heal in the aftermath of a burn injury, the overall impact can continue to tamper with every aspect of daily life. Many affected individuals will experience persistent pain or limited mobility. Other than the physical impacts, burn injuries can also carry lasting emotional and psychological complications.ย
Victims may struggle with depression or changes in self-confidence because of scarring. They may also undergo financial strain that extends beyond the initial treatment. Ongoing medical care, rehabilitation, and time off work can be costly. This can add another layer of stress to a situation that is already difficult.
What the Data Shows About Burn Injuries in the U.S.
According to the American Burn Association (ABA), burn injuries are an ongoing issue that affects hundreds of thousands of people annually. Data from 2021 shows about 398,000 injuries linked to fires or burns, along with 252,000 resulting from contact with hot materials or surfaces.
Over 29,000 burn victims are admitted to hospitals per year, with 795 inpatient deaths, reflecting a 2.7% mortality rate. Most cases (52.4%) are minor burns that do not require surgery, and the mortality rate for these is very low at 0.36%. Severe burns make up 1,290 admissions (4.4%), with mortality reaching nearly 18% in extensive cases.ย
Other notable data (from the “2020โ2024 Burn Admissions to Burn Centers”) include the following:
- Burns are more common during warmer months, with 37.5% of hospital admissions happening between May and August.
- Burn injury patients have a median age of 40.
- 66% of affected individuals are males.
How Different Types of Burn Injuries Affect Recovery and Treatment
Burns are categorized in accordance to the extent of damage done, ranging from those that affect only the outer layer to more severe cases where burn injuries result in deeper tissue damage, serious physical pain, and more intensive treatment. Let’s take a closer look at each degree.
- First-degree cases are often known as being minor burns that affect only the outer layer of the skin. They usually cause redness, mild swelling, and physical pain. Such bodily harm can result in temporary discomfort, but usually heals within a week without advanced treatment. Most minimal cases can be managed with basic care, like cooling the affected site and keeping it clean.ย
- Second Degree Burns extend beyond the outer layer, ultimately damaging deeper layers of the skin, triggering blisters and intense physical pain. These burn injuries result in a higher risk of infection and longer healing times compared to first-degree burns. Because of the intensity of the damage inflicted, some individuals may need immediate medical attention. This especially applies when the burn covers a large area of the body.ย
- Third Degree Burns are described as deep burns that extend throughout all layers of the skin and can damage underlying tissue. These injuries can appear white, charred, or leathery. Such harm can lead to serious complications and will require advanced medical care. Treatment includes skin grafts in addition to ongoing rehabilitation to help restore as much function as possible.
- Fourth Degree Burns are the most severe type of burn that reaches to the underlying muscle, tendons, and even the bone. These typically involve deep tissue damage and can be life-threatening. Those who endure such pain should seek immediate medical care, as treatment may include multiple surgeries, long-term rehabilitation, and specialized support in order toย address functional loss and to improve quality of life.
The Importance of Finding a Local Burn Injury Lawyer
If you have suffered a burn injury, finding the right legal support will make a notable difference in how your case will be handled. Working with a local personal injury attorney will give you the advantage of having someone who is familiar with state laws, local courts, and regional procedures that can affect your claim. An in-area attorney is also more accessible, which makes it easier to communicate, receive updates, and stay informed from beginning to end.
Furthermore, they will have experience dealing with nearby insurance companies and medical providers, all of which can help strengthen your case. Having a legal professional on your side who understands the local landscape can play a critical role in navigating your case effectively and enhancing your path toward a favorable outcome.
With experience handling burn injury claims across various jurisdictions, West Coast Trial Lawyers is prepared to provide reliable support wherever your case may arise. Below are the states where we provide our legal services:
What Makes a Burn Injury Case More Complex Than Other Personal Injuries
Burn injury cases are typically more challenging than other personal injury claims because of the severity and extended impact of such bodily harm. Unlike other cases, burns can lead to permanent disability, which can affect a person’s ability to work or carry out daily tasks.
These circumstances often involve extensive medical treatment, like:
- Surgical procedures
- Skin grafts
- Ongoing rehabilitation
Furthermore, burn injuries carry heavy emotional and psychological effects that should be considered when assessing the full extent of harm. Liability will be more complicated as well, especially when burns occur because of defective products or dangerous conditions. Developing a strong claim will require affected individuals to acquire medical documentation and a full understanding of the long-term consequences that may be involved.
Common Causes of Burn Injuries That Are Often Preventable
Burn injuries can stem from everyday hazards that tend to be overlooked. Let’s take a look at the most common types and how they happen.
Thermal Burns
Thermal burns occur when external heat sources burn the skin and underlying tissues, leading to tissue cell death or charring. Heat sources, such as hot metals, boiling liquids, steam, and flames are some of the most common types found in a burn injury lawsuit.
Due to the fact that such harm can come from a variety of different sources, it is essential that victims seek medical attention if they have suffered a severe burn injury.ย ย
Chemical Burns
Chemical burns occur when a strong corrosive substance comes into contact with a personโs skin. To many peopleโs surprise, such chemicals are not just accessible to industrial factories and manufacturing plants, but they can be found in a number of household products, like drain cleaners, paint thinners, and other household disinfectants.
Depending on how long and at what strength the substances were in contact with your body, the severity of your injuries may vary. However, they can cause more internal damage due to the possible fumes these chemicals may produce.ย
Radiation Burns
Radiation burns are injuries resulting from exposure to the sunโs ultraviolet rays or other forms of radiation, such as X-rays and microwaves. Below are four major radiation types that cause damage due to prolonged exposure:
- Alpha
- Beta
- Ultravioletย
- Electromagnetic waves, such as gamma rays
Radiation burns typically appear days or weeks after exposure. While this type of burn is largely circumstantial, if it is left untreated, the radiation can damage the skin, the underlying tissue, and even the cells causing long-term complications, such as tissue necrosis and cancer.
Electrical Burns
Electrical burns occur when a person comes in direct contact with an electric current source, such as power lines, outlets, and electrical appliances. This type of burn is capable of damaging the skin and the deeper parts of the tissue and the nerves, but in severe cases, a high-voltage electrical burn can potentially disrupt the function and pacing of vital organs, like the brain and heart.ย
Electrical burns can also cause muscle contractions and/or serious nerve damage. While an electrical burn is going to be heavily dependent on the voltage, source, and the duration of contact, it can be difficult to identify these burns since most are internal injuries.
What Determines Liability in a Burn Injury Case
Determining liability in a burn injury case will depend on identifying who was responsible for causing harm to the affected individual. Victims filing a case will need to undergo the process of proving negligence, which will require them to demonstrate that:
- The defendant owed them a duty of care
- The defendant breached that duty
- The defendant’s actions directly caused the burn injury
Documentation may include police reports, witness statements, and medical records. These will help establish the extent of harm incurred and tie it to the incident. In more complicated matters, expert analysis could also be considered to clarify how the burn happened and who should be held responsible for it.
Are There Different Types of Fault?
Each state has its own unique fault system that determines how accountability is assigned and how much compensation will be given. Let’s take a look at how these can impact a burn injury claim:
- Pure comparative negligence: You may be entitled to recover damage even if you are mostly at fault for the burn injury. Compensation will be reduced based on your percentage of fault. For instance, if you are 70% responsible, you can still recover 30% of your damages.
- Modified comparative negligence: You will only receive compensation if your share of fault is less than a certain threshold, typically around 50% to 51%. If you meet that requirement, compensation will be lessened to what your degree of fault is.
- Contributory negligence: This is the strictest rule. If you are found even slightly at fault for the burn injury, you will be barred from recovering damages.
How Insurance Companies Evaluate Burn Injury Severity
Insurance companies evaluate burn injuries by looking at how serious the damage is and what current and future impact it has on your life. One of the first factors that is considered is the depth and extent of the burn, like how much of the body is affected and if deeper layers of skin or underlying tissue are involved. They will also look into your medical treatment. This includes hospital stays and surgeries you underwent.
The more extensive the treatment is, the more it will indicate a higher-value claim. Other than physical injuries, insurers may assess how the burn affects your ability to work, fulfill daily tasks, and maintain your quality of life. In more serious cases, long-term complications or disabilities can heavily influence how a claim will be valued.
How Defective Products Can Lead to Burn Injuries
Defective products can create serious safety hazards that contribute to burn injuries. Such cases extend beyond showing that a product triggered harm. Proving negligence will involve identifying how and why a product was not safe to begin with. Defective product claims will usually rely on the following legal theories:
- Design flaws: The product was dangerous to use because of its design even if it was manufactured properly.
- Manufacturing errors: An error during the manufacturing process can make products dangerous.
- Failure to warn: The product lacking adequate instructions or warnings about known risks can put users at risk of harm.
Many cases will fall under strict liability, meaning the company behind the product will be held responsible for the damages caused regardless of whether they acted with caution. However, certain elements will need to be established. You will have to demonstrate that the product itself was defective, you used it for its intended use, the defect caused your burn injury, and you suffered losses as a result.
Time Limits for Filing a Burn Injury Lawsuit
Burn injury claims have strict time limits, referred to as statute of limitations. Deadlines will begin on the date of the injury. But in some cases, they can start when harm is discovered or reasonably should have been discovered. The time frame will vary based on the type of claim being submitted. When it comes to personal injury, wrongful death, and product liability cases, they will have different filing timeframes. In most cases, it is within 1 to 3 years.
For instance, wrongful death claims are around 2 years, while product liability cases can fall within a similar range. Circumstances involving government entities will have shorter deadlines, and will require victims to provide a notice within months rather than years. Since these timelines can vary and exceptions may apply, it is important to act promptly to preserve your right to pursue compensation for the losses you suffered.
Availableย Compensation for Burn Injury Victims
A burn injury can turn into more than just a medical issue, because the cost of ongoing treatment, like surgeries, medication, or check-ups can accumulate over time. For more severe cases, lifelong care may be needed and this can ultimately raise the overall burden.ย
As such, burn injury victims may be eligible to receive compensation that reflects both the financial and personal impact of their injuries. This is categorized into economic damages and non-economic damages.
Economic damages are measurable financial losses that are tied to the injury, such as medical expenses, lost wages, reduced earning capacity, and any quality of life adjustments.ย Meanwhile, non-economic damages refer to personal, non-financial effects of a burn injury. This can include suffering emotional distress, disfigurement, pain, and overall impact on quality of life.
To better understand what your case could be worth, you can use our personal injury settlement calculator to estimate potential compensation based on the factors surrounding your situation.
The Overlooked Emotional and Psychological Impact of Burn Trauma
Burn injuries impact more than just the skin. They can leave emotional and psychological wounds that tend to be overlooked. In addition to the physical recovery process, many affected individuals experience psychological trauma as they cope with such a sudden, life-changing experience.ย
The stress of the situation combined with changes in appearance or bodily function can affect self-esteem and overall mental well-being. Chronic pain may also contribute to emotional strain, making it difficult to return to daily tasks. For some, trauma will not fade over time. Survivors may develop post-traumatic stress disorder (PTSD), experience flashbacks, or have a fear related to the incident.
How Legal Support Can Reduce Stress During Recovery
Recovering from a burn injury can be challenging, especially when you have to deal with medical care and uncertainty over what else will happen next. Having legal support can help ease that burden by taking on difficult matters so you can focus on healing.ย
An excellent burn injury attorney can manage communication with insurance companies, collect evidence, and handle the paperwork required to proceed with your case. This will not only help protect your claim, but also lessen the stress of managing legal complications all on your own. Ultimately, having professional guidance and support will make you feel more informed and confident from start to finish.
West Coast Trial Lawyers Is Here to Help You After a Burn Injury
Recovering from a serious burn injury can be a stressful process. But, you do not have to go through this alone. At West Coast Trial Lawyers, our burn injury attorneys are readily available to support you through each stage of the process.
From managing insurance communications to building a strong claim, we take on the legal complications so you can focus on your recovery without added stress. Our team will work closely with you to understand the full extent of your burn injury while advocating for the compensation you deserve.
To book a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our quick online contact form.
Frequently Asked Questions About Burn Injury Claims
What Factors Affect the Value of a Burn Injury Case?
The value of a burn injury case will depend on several factors such as the severity of the injury. More serious burns will require additional care, lengthier recovery periods, and can result in permanent scarring (or disability).ย
Burn injuries could also affect your ability to work, further impacting the value of a claim. Furthermore, non-economic damages are taken into account, like emotional trauma and pain and suffering. Liability is another notable element, as stronger evidence connecting another party’s actions to the injury can greatly influence the outcome. Combined, these factors are assessed to determine fair compensation in accordance to the full scope of harm caused by the incident.
Can I Recover Compensation for Emotional Distress After a Burn Injury?
Under personal injury law, burn injury victims are entitled to recover compensation for emotional distress. Victims usually go through physical harm that can affect mental health and overall well-being. In more serious cases, conditions, like post-traumatic stress disorder (PTSD) or long-term emotional suffering, are tied to the situation.
To support such a claim, certain documentation is needed. This includes medical records and mental health evaluations. A testimony about how the injury has impacted your daily life will also help demonstrate the extent of the emotional impact.
How Do I Know if My Burn Injury Is Severe Enough for a Claim?
A burn injury may qualify for a claim if it tampers with your health or finances. If you are in need of medical attention that extends beyond basic treatment, like ongoing care or pain management, it may be considered serious. This especially applies if you are experiencing scarring, limited mobility, or missed work.ย
The cause of the injury is also important to keep note of. If it happened because of someone else’s negligence, you may have grounds to pursue legal action. Even burns that seem minor at first can progressively worsen over time, so it is important to look into the full extent of the injury before ruling out a claim.
Will My Burn Injury Case Go to Court or Settle Out of Court?
Most burn injury cases are resolved through settlements rather than going to court. Insurance companies and the affected parties will usually prefer to negotiate an agreement to avoid time and cost. If liability is being disputed, the case may proceed to court.
In such situations, filing a lawsuit may be needed to seek full compensation. Even if a case is filed, it can settle at any point prior to the trial. The outcome will depend on the strength of the evidence presented, the level of damage incurred, and if both sides are willing to negotiate a settlement agreement.
Who Is Responsible for a Burn Injury Caused by Unsafe Conditions?
Responsibility for a burn injury caused by hazardous conditions will generally fall on the party that is in charge of the property and failed to keep it reasonably safe. This includes property owners, landlords, or business operators. In some cases multiple parties may share accountability, like:
- Maintenance companies
- Contractors
- Manufacturers
Liability will depend on whether the responsible party ignored safety measures to prevent harm and if that directly contributed to the burn injury.
What if Multiple Parties Are Responsible for My Burn Injury?
Sometimes, more than one party can be held liable for what happened. When this occurs, liability will be divided based on each side’s role in how the burn injury occurred. For example, a property owner may be held responsible for unsafe conditions while a manufacturer or contractor could also face legal consequences if their work or products contributed to the incident. Level of fault will be assessed and assigned a percentage. You can still recover financial compensation, however, the amount will depend on how fault is distributed among those involved in the case.
Can I File a Claim on Behalf of a Child with a Burn Injury?
A parent or legal guardian can file a personal injury case on behalf of a child who suffered a burn. Since minors cannot bring legal claims on their own, an adult will have to act in their best interest throughout the process.ย
Courts will assess and approve settlements involving minors to ensure the outcome is reasonable and protects the child’s future. It is important to note the timelines and procedures since they can differ when a minor is involved. Be sure to take timely action to preserve the child’s right to financial recovery.
What Should I Avoid Saying to Insurance Adjusters After a Burn Injury?
After a burn injury, you should be careful with what you say to insurance adjusters because what you share could be used against you to either reduce or deny your claim. Do not admit fault or say something that could be misinterpreted as taking responsibility. Be cautious about downplaying your condition, as well.ย
Saying something like “I’m fine” can be used to argue that your injury is not as serious as you initially claimed. Try to avoid giving detailed statements without having a full grasp of your rights, as well. Keep your responses brief and factual. Considering all of these tips will help protect your burn injury claim while you consider your next steps.












