The Legal Process for Burn Injury Claims: What to Expect In California

Edited by Hannah Locklear

If you or a loved one has been injured in a fire, you know how devastating it can be. The physical and emotional scars may last a lifetime. That's why it's so important to have a burn injury attorney on your side. A good lawyer will fight for your rights and make sure you get the compensation you need and deserve.

The last thing you want to worry about, especially when you’re recuperating, is negotiating an insurance claim. That’s why you want to contact an attorney.

A lawyer will handle all the paperwork and negotiations so you can focus on healing and recovery.

If you've been injured in a fire or burned in another mishap then, don't try to go it alone.

An experienced burn injury lawyer regularly handles cases like yours and will know how to get you the maximum compensation possible. They'll also make sure your rights are protected every step of the way.

With an attorney’s help you can get total compensation for economic and non-economic damages, including medical costs, loss of income, and pain and suffering.

Sued for debt? Use SoloSettle to resolve it and move on with your life.

The burn injury claim process involves these steps

The following steps of the process will give you a better idea of what you should know and what to expect when submitting a burn injury claim.

Step 1: Seek medical attention right away

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.

Additionally, having detailed medical records of your burn injuries is necessary for calculating damages and receiving an equitable settlement.

Burn categories

There are different categories of burns, including:

• Thermal Burns: A thermal burn happens when a heat source raises the skin’s temperature and causes cell death of the skin’s tissues or charing. These burns result from steam, flames, or scalding liquids.
• Radiation Burns: Radiation burns result from prolonged exposure to the sun or sources of radiation, such as x-rays.
• Chemical Burns: Chemical burns are triggered from strong chemicals that come into contact with the eyes or skin.
• Electrical Burns: Electrical burns come from an electrical current from faulty wiring.

A medical evaluation is necessary to assess the type of burn and its severity.

Burn severity

With respect to severity, burns are labeled as first-degree to fourth-degree burns.

First-degree burns are superficial. That means they only affect the patient’s outer layer of skin, or the epidermis. The burn site is painful, red, and dry but does show blistering.

Second-degree burns involve the outer layer (epidermis) and dermis layers of the patient’s skin. These burns appear blistered, red, or swollen, and usually are painful.

Third-degree burns damage both the epidermis and dermis layers. They may also extend to the bones, tendons, and muscles. If these areas are burned, the burn injury is diagnosed as a fourth-degree burn.

Severe third-degree or fourth-degree bones often appear charred or white. The patient does not have feeling at the burn site as the nerve endings have been destroyed.

The age of the burn patient and the amount of the body that has been burned are both used to prognose burn injury cases.

Special Burn Care

Some patients must be treated at burn injury centers.

If they have at least second-degree (partial-thickness)burns over 10% or more of their total body surface area (TBSA), they will need special care.

Some burn patients who have burns on their face, feet, groin, genital area, or hands will need treatment at a burn injury facility. Patients may also receive special care if their burns are accompanied by an injury that affects their lungs or airways. Chemical and electrical burns require special care needs as well.

Attorneys also consider the costs of care for burn patients with chronic conditions, such as hypertension, diabetes, MS, or heart disease.

Step 2: Consult with an experienced burn injury attorney

After receiving medical care, it's essential to consult with an attorney who specializes in burn injury cases.

Because burn injuries are a niche specialty, a legal professional can navigate the laws that surround these personal injury claims and determine if your case has merit.

They will also guide you through each stage of the legal process, ensuring that your rights are protected as you prove your case and establish negligence.

Establish negligence

Establishing negligence includes the following elements:

• The defendant or negligent part owed the plaintiff a duty of care.
• The defendant breached their duty of care.
• The defendant’s breach of their duty of care led to the plaintiff’s injuries.
• As a result, the plaintiff suffered damages from the accident.

You have to meet all of the above elements to show negligence.

Understand the statute of limitations in burn injury claims

You have two years from the accident to file a burn injury personal injury claim in California, so time is of the essence in these cases. Other states have different statutes of limitations.

The sooner you talk to an attorney, the sooner you can file your case and get the compensation you need now and in the future.

Step 3: Investigation of the burn injury claim

Your attorney will begin by investigating the circumstances surrounding your burn injury case. This may involve examining incident reports, interviewing witnesses, reviewing medical records, and consulting with experts in fire-related fields.

Experts may be requested to give testimony that involves engineering or safety regulations or compliance.

The goal of an investigation is to establish liability for your injuries and gather evidence supporting your claim.

By investigating the circumstances surrounding your accident, an attorney can also calculate the damages. There is no cap on damages for personal injury lawsuits in California. Nor are punitive damages capped in California.

Punitive damages are awarded above basic compensation to punish the defendant for notably reckless behavior.

Step 4: File your claim

Once your attorney believes that you have a strong case, they will proceed to file a burn injury claim on your behalf.

This typically involves drafting a document called a Complaint that outlines how the defendant(s) caused your injuries due to their negligence and the compensation you believe you are owed.

Step 5: Discovery

The discovery process involves an activity where both sides exchange evidence and information about the burn injury case. This may entail answering written questions, providing documentation related to your injuries, and participating in depositions.

The discovery process can be lengthy and complex, but it is a necessary step in properly building your case.

Step 6: Negotiating a Settlement

In many instances, burn injury claims are often resolved through settlement negotiations without going to trial.

Your attorney will negotiate with the other party's legal representative(s) to reach an agreement on compensation - a monetary award that adequately reflects your pain, suffering, medical expenses, and other damages related to your injuries.

Step 7: Trial

If a fair settlement isn’t reached, your case may proceed to trial. During the trial, both sides will present their arguments and evidence to a jury.

The jury will then determine liability and award damages based on the severity of your burn injuries and the applicable laws.

Final thoughts on filing a burn injury claim

This article provides a glimpse into what you might expect when filing a burn injury claim in California.

By working with an experienced attorney and understanding what to expect, you can go through the legal process of filing a burn injury claim with renewed confidence.

Negotiate a settlement with SoloSettle

If you’ve been sued for debt, SoloSettle (powered by SoloSuit) can help you negotiate a debt settlement and avoid going to court. Learn more in this video:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court