San Bernardino Burn Injury Lawyer

Burn injuries in San Bernardino County can be caused by various factors, including house fires and motor vehicle accidents. The extent of harm can range from minor to life-threatening, and thorough medical attention may be required to prevent further complications. Victims are encouraged to get treated at a local facility, such as the Loma Linda University Medical Center and Arrowhead Regional Medical Center.

If your burn injury occurred due to someone else’s negligence, you may be eligible to sue to recover compensation. At West Coast Trial Lawyers, our San Bernardino personal injury lawyers are readily available to assist. We will guide you through the complex process by assessing liability, gathering evidence, and pursuing a claim on your behalf to ensure you secure compensation to cover costs, like medical bills, pain and suffering, and other losses.

With more than 20 years of experience handling personal injury cases and over $1.7 billion in settlement won, we are fully equipped to provide quality services that will help you develop a strong claim against the opposing side, bettering the probability of acquiring full financial recovery.

Our law firm operates under a contingency-fee basis, meaning you are not required to pay upfront and will only pay legal fees if we secure a settlement for you. To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our quick online contact form.

What Are the Different Stages of Burn Injuries?

Burn injuries are classified by degree based on the extent of skin and underlying tissue damage. This includes the following:

• First-degree burns: This will affect the outer layer of the skin, also known as the epidermis. The skin will appear red and swollen, but no blisters will form.
• Second-degree burns: Damage will extend to the second layer of the skin, called the dermis. This will cause redness, pain, swelling, and blisters.
• Third-degree burns: Burn levels this high will ultimately destroy the epidermis and dermis, reaching underlying tissues. The skin will start to have a white, brown, or charred complexion, along with nerve damage resulting in numbness.
• Fourth-degree burns: This is considered a life-threatening injury as it penetrates beyond the skin into muscle, tendons, or bone, leading to permanent damage.

Identifying the degree of burn will help physicians determine how to approach the problem and will help them predict healing and recovery outcomes.

How Long Do Burns Take to Heal?

The healing time for burns will vary depending on their depth, size, and location, along with the person’s overall health:

• First-degree burns typically recover within 3 to 7 days without scarring. These cause minor harm to the body, often similar to a mild sunburn. You may expect some peeling as your skin heals.
• Second-degree burns extend to the second layer of the skin and can take anywhere from two to three weeks to heal. This comes with minimal scarring, while deeper ones could have a large appearance or cause pigment changes.
• Third-degree burns cannot recover on their own and may require extensive medical treatment. Healing will often require skin grafting, surgical procedures, and long-term care. This can take months to notice improvements.
• Fourth-degree burns will also require burn injury patients to receive immediate medical care, possibly including surgery, grafting, and rehabilitation. This can take several months or even years, and permanent damage or loss of function is expected.

What Are the Four Types of Burns?

The four types of burns are classified based on their cause:

• Chemical burns happen when you are met with strong acids, alkalis, or other harmful substances that have the ability to break down proteins and tissue. Depth will vary based on the type of substance you are exposed to and for how long.
• Electrical burns occur due to an electric current that passes through the body, generating heat inside the tissue. These are often deeper than they may appear on the skin, and can affect your muscles, nerves, and internal organs.
• Radiation burns will result from prolonged exposure to ultraviolet (UV) light, such as sunburns, X-rays, and other radiation sources. This can damage or kill skin cells, with deeper layers impacted if contact is intense or repeated.
• Thermal burns are caused by contact with flames, scalding liquids, steam, and hot metals. This can range from first-degree to fourth-degree depending on the intensity and duration of exposure to hot liquids or metals.

In all cases, the outcome of a burn injury will depend on intensity, duration, and the type of burn source you were harmed by.

How Do You Treat Burn Pain?

Treating burn pain will require immediate care and ongoing pain management depending on the intensity. Below are some steps that are considered when managing such bodily harm:

• Place the injured area in cool (not cold) water for 10 to 20 minutes to lessen pain and swelling. Avoid applying ice as it can damage tissue.
• Protect the burn by covering it with a sterile, non-stick dressing or clean cloth. This will prevent irritation and infection.
• Use over-the-counter pain relievers. This includes acetaminophen or ibuprofen as they can manage discomfort and inflammation.
• Keep the area elevated, if possible, to reduce swelling and pain.
• Be sure to moisturize mild burns by applying fragrance-free aloe vera or burn ointment to help soothe the pain.
• If you have a third- or fourth-degree burn, you should seek professional treatment immediately. The physician may provide prescription pain medication or even plastic surgery.

What Are the Statistics on Burns?

Burn injuries are a notable health concern, with thousands of cases happening each year. Due to limited publicly available data for San Bernardino County, national and regional statistics will be used to provide a general context for burn injury cases and its outcomes.

In a 2021 burn incident fact sheet provided by the American Burn Association (ABA), there were 3,800 fire- or smoke-related deaths, with 3,010 triggered by structure fires and 680 from motor vehicle accidents, leading to one fire-related fatality every 2 hours and 17 minutes.

Each year, nearly 29,165 burn injury patients are admitted, representing 88.5 admissions per million people. Of these:

• 52.4% were minor cases that did not require surgery, resulting in a 0.36% mortality rate.
• 32% were serious and needed surgical attention, with a 2.6% mortality rate.
• 4.4% involved severe damage with surgery and prolonged mechanical ventilation included, leading to a 17.8% mortality rate.

Most of these cases took place between May and August. Demographically, males had the highest rate of admissions (66%).

When to Go to the ER for Burns?

You should go to the emergency room (ER) for burns when it is severe, widespread, or has impacted critical body parts. Typically, third- and fourth-degree burns will require immediate medical attention. You should also seek care if the burn is covering a large area, usually more than 10% of the body or greater than the size of your hand. This may also apply if your face, hands, feet, genitals, buttocks, or major joints have been affected. Burns caused by chemicals, electricity, or explosions should also be evaluated shortly after as they can cause hidden internal damage.

San Bernardino County has facilities available for victims to be transferred to, including Arrowhead Regional Medical Center and Loma Linda University Medical Center. Prompt evaluation and treatment are important since severe burns can result in complications, like infections or breathing difficulties due to inhalation injuries. Other symptoms that may appear include:

• Swelling
• Pus
• Redness
• Fever

Those with chronic health conditions should also be seen at a hospital as their healing capacity may be reduced due to ongoing treatments that weaken their immune system.

Who Is Liable in a Burn Injury?

Liability in a burn injury will depend on how the incident happened and where it was, along with who had a duty of care. In California, several parties can share liability if their negligence was a contributing factor. 

If the burn happened due to unsafe property conditions, like from a faulty heating system, exposed wiring, or inadequate fire safety measures, the property owner will face legal consequences under premises liability laws (CIV § 1714). 

When burns are caused by defective products, the manufacturer, distributor, or retailer can be held accountable. Motorists can also be found responsible for causing car accidents or motorcycle accidents as such impact can result in explosions, fires, or chemical spills.

To prove negligence, personal injury victims must demonstrate the following:

• The defendant owed a duty of care.
• The defendant failed to uphold their duty by acting carelessly.
• The defendant’s behavior caused you to sustain a burn injury.
• You incurred actual losses, such as medical bills or emotional distress, due to the incident.

Under California’s comparative negligence rule, all parties can share liability. So, if you somehow contributed to the incident, you could still recover compensation. But, it will be reduced according to your percentage of fault. For instance, if total damages are $80,000 and you are 20% accountable, you may be given 80% of compensation, which is about $64,000.

An experienced burn injury attorney can help ensure you recover an amount that accurately reflects the true value of your case. They will assess the evidence presented, establish fault, negotiate with insurance companies, and represent you in court, if needed, to help you secure favorable results.

How Much Compensation for a Burn Injury?

Compensation for a burn injury will vary depending on the following factors:

• The severity of the burn
• Percentage of fault
• Current and future medical expenses
• Lost wages and earning capacity

To know what you could be eligible for, you can enter the expenses you sustained into our personal injury settlement calculator. 

Economic damages and non-economic damages are often awarded in such cases. Higher payouts are typically given if a burn injury requires extensive medical treatment, such as surgery, skin grafts, and ongoing physical therapy. Compensation in such cases may reach up to tens of thousands to hundreds of thousands of dollars. 

Catastrophic injuries, like a third- or fourth-degree burn, that spread over substantial areas of the body or leave permanent disfigurement can result in large settlements or verdicts, likely in the hundreds of thousands to millions. These cases will consider long-term care, emotional distress, and loss of quality of life.

How Does Proposition 213 Affect Compensation for Burn Injuries?

Under Proposition 213, if you were driving without insurance, driving while under the influence (DUI), or committing a felony or running away from the police, you will be restricted from acquiring non-economic damages. Economic damages, however, may still be available. For burn injury victims, this means that even if they are left with severe scarring or emotional trauma, these factors will not be covered if Prop 213 applies.

Do You Need a Burn Injury Lawyer?

You may need a San Bernardino burn injury lawyer if your condition was caused by another person’s negligence and you want to seek legal action against them to recover damages. They can investigate the matter thoroughly, identify the responsible party, review your medical records, collect critical evidence, and form settlement negotiations with the opposing side to ensure you are granted fair compensation.

Such cases can be difficult to handle on your own. But with legal representation, you will have a better understanding of how certain California laws work, and will have strong support that will prevent unfair settlement offers.

Seeking Legal Assistance with a Burn Injury Case? West Coast Trial Lawyers Is Here to Help

Burns caused by home fires in high-risk areas, like Cajon Pass, and vehicle collisions on the I-10 or I-15 are among many cases a San Bernardino personal injury lawyer can handle. Victims are entitled to pursue compensation for any losses incurred as a result of another person’s negligence. 

At West Coast Trial Lawyers, our team of excellent lawyers can guide you every step of the way. We will review your case, present legal options available for you to pursue, and protect your rights, ensuring you are granted the best outcome possible.

To set up a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.

Frequently Asked Questions About San Bernardino Burn Injury Claims

What Is the Average Settlement for a Burn Injury?

Settlement values for burn injuries will vary based on the extent of the burn, along with medical costs, and lost wages. First-degree burns, which are known as the least severe, will typically result in lower-valued settlement amounts as such cases will involve minor medical costs and limited recovery time. Second-degree burns, which go deeper into the layers of the skin, may require more care, thus involving higher costs. This means that the settlement value could be greater.

Third and fourth-degree burns have far more serious and extensive medical treatment involved, including surgical procedures, skin grafts, and long-term rehabilitation. Settlements for these types of cases can start around $100,000 and reach into the millions. As noted before, it will all depend on the factors involved.

Since each personal injury claim is unique, there is no “average” settlement amount. Minor burns will have modest payouts whereas severe circumstances may result in high figure settlements. Working with a San Bernardino injury lawyer can help ensure all damages are considered when seeking reasonable compensation.

What Is Life Like for Burn Victims?

Life after a burn injury can lead to physical, emotional, and social complications for the victim. Survivors are expected to endure chronic pain, reduced mobility, or permanent scarring that can impact the way they live their life. Recovery could involve several surgical procedures, skin grafts, and ongoing rehabilitation to notice any signs of improvement.

Emotionally, many may have to deal with anxiety, depression, or post-traumatic stress disorder (PTSD) as they adjust to how their appearance and lifestyle has changed. Serious burn injuries can also impact careers and relationships.

With proper care, therapy, and a strong support system, it is possible for most people to gradually rebuild their confidence and maintain a fulfilling future.

Is Being a Burn Victim a Disability?

A burn is not automatically considered a disability unless it is severe enough in which it could lead to restrictions with life activities. In terms of employment, a disability is identified as a physical or mental impairment that significantly limits a person’s ability to engage in daily tasks. If a burn causes lasting impairments, the victim may have a disability that qualifies under the Americans with Disabilities Act (ADA). Those who are eligible may receive protections and accommodations. But, each case is evaluated individually, and not all burn injuries will meet the criteria for disability.

Do Burn Victims Ever Fully Recover?

Full recovery for burn victims will depend on the:

• Severity of impact
• Location of the burn
• Extent of damage

Minor cases will often heal completely without a person experiencing lasting effects. But, more severe burns will result in loss of bodily function, nerve damage, or permanent scarring.

Even with advanced medical care and rehabilitation, many burn victims may not fully recover. Although most survivors will have the ability to regain independence as a result of proper treatment, serious burn injuries can often leave others with long-term consequences.

What Are the Odds of Surviving a Burn?

According to the ABA, the survival rate for treated burns is about 97.7%. Most of these admissions were due to flash/flame burns (41.7%), scalding liquids (32.2%), contact burns (10.8%) chemical burns (3.7%), electrical burns (2.9%), and other causes (8.7%). The median age of burn injury patients is 49 for adults and 3 for children under 18.

Do Burn Victims Get PTSD?

About 90% of adults and children with burn injuries will experience at least one symptom of acute stress shortly after such trauma (MSKTC). But, only 30% of people will have these symptoms develop into full post-traumatic stress disorder (PTSD). The likelihood of PTSD is greater if the burn is due to assault or repeated trauma.