The Role of a Bakersfield Burn Injury Attorney
Burn injury claims are often more complicated than other personal injury cases. A burn injury lawyer can assist with your case by:- Investigating the cause of the accident: We can examine how the burn injury occurred and identify all liable parties.
- Collecting evidence: We can gather photographs, medical records, witness statements, accident reports, and expert opinions to strengthen your claim.
- Calculating your damages: We can assess your losses and calculate the value of your claim.
- Negotiating with insurance companies: We can handle communications and settlement negotiations on your behalf.
- Representing you at trial: We can present evidence and advocate for you in court if your case proceeds to trial.
What Types of Compensation Can You Pursue?
Burn injuries often result in substantial financial losses. As a victim, you can recover both economic and non-economic damages, including:- Lost wages: You can recover income you lost while you were recovering from the accident.
- Loss of future earning capacity: You can pursue additional damages if your injuries affect your ability to earn income in the future.
- Pain and suffering: You can seek compensation for the physical pain caused by your injuries.
- Emotional distress: You can recover damages related to anxiety, depression, trauma, and other psychological effects of the accident.
- Disfigurement and scarring: You can pursue compensation for permanent changes to your appearance.
- Rehabilitation expenses: You can recover costs associated with physical therapy, occupational therapy, and other rehabilitative services.
- Punitive damages: In cases involving particularly reckless or egregious conduct from the at-fault party, you may receive punitive damages.
- Medical expenses: You can seek compensation for emergency care, hospital stays, surgeries, medications, rehabilitation, and future treatment.
What Is the Statute of Limitations for Burn Injury Lawsuits in California?
Under CCP § 335.1, California burn injury lawsuits are generally subject to a two-year statute of limitations. In other words, if you don’t file a personal injury lawsuit within two years of the accident, you will likely lose the right to seek compensation altogether. However, there are exceptions that may affect this deadline. For example, if your claim involves a government entity, you must file an administrative claim within six months of the accident before a lawsuit can proceed. Different statutes of limitations may also apply if the injured person is a minor or if the injury was not immediately discovered.How Do You Prove Negligence?
Strong evidence is often essential to proving negligence in your burn injury case. Important types of evidence may include:- Medical records
- Emergency room reports
- Burn treatment records
- Surgical records
- Photographs of your injuries
- Accident scene photographs
- Surveillance footage
- Fire department reports
- Police reports
- Witness statements
- Expert testimony
How Does Comparative Negligence Work in California?
California enforces a pure comparative negligence law. Under this system, you can recover compensation even if you are up to 99% responsible for the accident that caused your burn injuries. However, if you share liability, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you are awarded $200,000 in damages and found to be 10% at fault, your compensation would be reduced to $180,000.Common Causes of Burn Injuries
Burn injuries can occur in a variety of situations. Common causes include:- Residential fires
- Commercial building fires
- Car accidents
- Truck accidents
- Motorcycle accidents
- Defective products
- Workplace explosions
- Chemical spills
- Electrical accidents
- Gas leaks
- Construction site accidents
- Restaurant fires
- Apartment complex fires
- Oil field accidents
Types of Burn Injuries
Burn injuries are classified according to the depth of tissue damage and the severity of the injury. The four degrees of burns are as follows:- First–degree: Affecting only the outer layer of skin and often causing redness, minor swelling, and discomfort, most first-degree burns heal without causing permanent damage.
- Second–degree: A second-degree burn is slightly more severe. These burns extend into deeper layers of skin and can cause blistering, severe pain, swelling, and an increased risk of infection.
- Third–degree: These burns destroy multiple layers of skin and may damage nerves. Victims often require skin grafts, surgeries, and extensive medical treatment.
- Fourth–degree: These burns affect underlying muscles, tendons, ligaments, or bones. They are among the most severe burn injuries and can result in permanent disability or even amputation.
