Burn Injury Lawsuit in California Step-by-Step
If you had an accident and suffered burns, you might be able to file a burn injury claim to obtain monetary compensation. The purpose of this compensation is to help you return to how you were before the accident as much as possible—physically, economically, and even psychologically. An accident can affect you on many levels. With the help of a burn injury lawyer, you can fight to recover as fully as possible.
In this article, we will explore how to file a burn injury claim in California, covering essential steps to follow, an estimate of how much compensation you might receive, and what you can recover. This discussion focuses specifically on burns caused by traffic accidents and personal injuries.
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Burn Injury Lawsuit: Everything You Need to Know
Important Information to Consider
Before diving into the details of a burn injury claim, it’s crucial to keep something important in mind. In California, you have two years from the date of your accident to file a personal injury claim—in this case, for burns.
Additionally, if you’re suing a government entity, you must notify the relevant agency. You have six months from the accident date to do so.
Once the deadline passes, you may no longer be able to recover damages. However, in certain cases, the statute of limitations may be paused, such as when the victim is under 18 years old.
Steps in a Burn Injury Lawsuit
Step 1: Seek Immediate Medical Attention
The first and most important step in any burn injury case is to seek immediate medical attention. Proper treatment is essential for healing and minimizing the long-term effects of your injuries.
Detailed medical records of your burn injuries are also necessary to calculate damages and obtain a fair settlement.
Factors such as the severity of the burns, the patient’s age, and the percentage of the body burned are used to assess burn injury cases. Some patients need treatment at burn injury centers if:
- They have second-degree burns covering 10% or more of their total body surface area.
- Burns are on the face, feet, groin, genital area, or hands.
- Burns are accompanied by respiratory injuries affecting the lungs or airways.
- Burns were caused by chemicals or electricity.
A catastrophic injury lawyer will also consider the care costs for burn victims with chronic conditions such as hypertension, diabetes, multiple sclerosis, or heart disease.
Step 2: Consult a Burn Injury Lawyer
After receiving medical care, it’s essential to consult a burn injury lawyer. Since these injuries are a niche specialty, a legal professional can navigate the laws surrounding such claims and determine if your case has merit.
These professionals will guide you through each step of the legal process, ensuring your rights are protected while building your case and establishing the negligence of the responsible parties.
Proving Negligence
To prove negligence, all of the following elements must be met:
- The defendant owed the plaintiff a duty of care.
- The defendant breached their duty of care.
- The breach of duty caused the plaintiff’s injuries.
- The plaintiff suffered damages as a result of the accident.
Step 3: Investigation
The goal of an investigation is to establish liability for your injuries and gather evidence to support your claim. During this process, a lawyer can also calculate damages. In California, there are no caps on damages for personal injury claims.
Your burn injury lawyer will investigate the circumstances of your case, which may involve reviewing incident reports, interviewing witnesses, examining medical records, and consulting with experts in related fields.
Experts may be called to provide testimony about engineering, safety regulations, or compliance issues.
Step 4: File Your Claim
Once your lawyer determines you have a strong case, they will proceed to file a burn injury claim on your behalf. This typically involves drafting a document known as a Complaint, which outlines how the defendant(s) caused your injuries through negligence and the compensation you’re seeking.
Step 5: Discovery
The discovery process involves both parties exchanging evidence and information about the burn injury case. This may include answering written questions, providing documentation related to your injuries, and participating in depositions.
While discovery can be lengthy and complex, it is a necessary step to build your case properly.
Step 6: Negotiation
In many cases, burn injury claims are resolved through settlement negotiations without going to trial.
Your lawyer will negotiate with the other party’s legal representatives to reach a settlement that appropriately reflects your pain, suffering, medical expenses, and other damages related to your injuries.
Step 7: Trial
If a fair settlement cannot be reached, your case may proceed to trial. During the trial, both sides will present arguments and evidence to a jury. The jury will then determine liability and award damages based on the severity of your burn injuries and applicable laws.
How Long Does It Take to Receive a Burn Injury Settlement Payment?
In California, the timeline for receiving your burn injury settlement payment can vary depending on the specifics of your case.
On average, in most cases, payment takes between two weeks and five months to receive. If the settlement is reached early in the process and there are no complications, you might receive the money within a few weeks.
Conversely, if the case goes to trial or involves complexities such as multiple parties, finalizing the settlement and receiving payment could take months or even years.
Consulting with a personal injury lawyer in California from My Lawyer Mark is the best way to get a more precise estimate for your specific situation. Our professionals can explain the factors involved and give you a realistic expectation of when you might receive your settlement money.
Get quality legal services by calling (866) 721-5808. Schedule a free consultation as soon as possible to evaluate your case and begin your claim promptly.