Personal Injury Law Group has attorneys who specialize in burn injuries; these attorneys help burn victims fight for money they are entitled to after an injury. This can include reimbursement for medical expenses, property damage and pain and suffering. Due to the devastating nature of some burn injuries, some may need lifetime care; often insurance companies will fight not to pay for this care.
Our attorneys fight to get victims the money they need to sustain their life. Often times these cases are settled out of court but in some instances, civil trials are held to determine if a victim is entitled to compensation for his or her burn injury.
HOW DOES A BURN INJURY CLAIM WORK?
We will guide you through the process of filing a burn injury claim. Burn injuries can happen for many reasons.
Structure fires
These can be due to arson, electrical wiring and often the cause is not found.
Explosions
California was the nation's third most prolific oil-producing state while explosions are not common, the effects can be devastating. In 2015, an explosion at ExxonMobil caused 4 workers to be seriously injured.
Vehicle/motorized Equipment Crashes and Fires
These accidents not only include burning cars but other vehicles such as ATVs, tractors, motor homes, and tractor-trailers. The driver of a tractor-trailer received burns over 40 percent of his body. No other vehicles were involved in the wreck. A father and son were burned in an ATV wreck in California. These are just examples of how quickly vehicle fires happen and lead to serious injuries. A burn injury attorney will help you recover damages if you are in a vehicle fire that is someone else’s fault.
Electrical burns
Only a quarter of deaths from electrical burns are caused by lightning, according to emedicine.com. others are due to encounters with electricity. About 1,000 deaths from electrical burns happen each year.
Defective products
These include appliances such as toasters, refrigerators and dryers as well as space heaters.
Fireworks
According to the U.S. Consumer Product Safety Commission, about 11,900 people were injured by fireworks in 2015.
Chemical burns
These burns are due to exposure to chemicals such as drain cleaners or other acidic products. According to the American Burn Association, these burns account for 7% of all burn injuries.
No matter the reason, if you feel as if you are not to blame for the fire, you need a burn injury lawyer. Some of the steps you need to take before filing a claim include:
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Document everything
If you or someone is hurt, your priority is to make sure everyone is okay. But as soon as possible, make notes and take pictures of what you feel may have contributed to the incident. Summarize any conversations you had with fire or law enforcement officials. You can visit the site of the fire or take pictures of a burned vehicle later if needed. Make sure the evidence is not destroyed or altered. Ask a burn injury attorney about obtaining a court order to keep anyone from destroying evidence.
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Take photos of the injuries
Pictures are important in telling a burn injury story. Take pictures as soon as possible, before the injuries are healed.
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Get copies of fire and police reports
Fire departments write reports of their calls, even in the case of minor fires. If law enforcement is involved get a copy of their report.
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Document all medical treatments
Severe burn victims are often at a trauma center first before they are transferred to a burn center. Burns often require after-care such as skin grafts, therapy and in some cases, counseling to help cope. Make sure you have records of all the treatments and the expenses related to them.
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Other expenses
If you are not the one suffering a burn injury, you may be their caregiver. As the caregiver you may experience lost wages due to time spent away from work. You or your loved one may be at a burn center that is miles from your residence and you incur hotel, meals and lodging expenses. Record all the expenses.
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Guard your conversations
Insurance agents will have a team of attorneys working for them after an incident causing a severe burn injury. You are not required to talk to them. Do not talk with them or take any settlement without talking to a burn injury attorney first.
DO I NEED A BURN INJURY ATTORNEY?
Never try to negotiate with an attorney on your own (unless you are a personal injury attorney). Think of it this way. Would you try to fill your own cavity? No, you go to a dentist who has the expertise to handle your damaged tooth. The other side may have a team of attorneys ready to settle or try to have the claim dismissed. One slip up and they will try to have your claim dismissed or greatly reduced, which can affect your financial future. You need a legal advocate at your side so you will be compensated for your injuries.
TYPES OF BURN INJURIES THAT OCCUR IN CALIFORNIA
Burns injuries range from serious to severe. The burns are classified by degrees.
- First-degree burns
Have you ever touched a hot pan on the stove? That pain and redness is a first-degree burn. Sunburns can also be classified as first-degree burns. These burns only affect the outer layer of the skin and rarely serious.
- Second-degree burns
Think about that hot pan on the stove again. Was it filled with boiling water? If you dump that water on you, you will likely have a second-degree burn. The hot water may cause some of the skin to burn away. You can experience these types of burns in any type of fire. These burns may take weeks to heal.
- Third-degree burns
This type of burn pierces the skin. You may have no pain because the burn has destroyed the nerves. You may notice your skin is leathery or even white due to the burn. New skin does not grow on third-degree burn sites. These types of burns have a poor prognosis. Treatment may include skin grafts to replace charred skin. This requires removing healthy skin from another part of the body and placing it on the burn site.
- Fourth-degree burns
This burn has not only pierced through the skin, but it has also reached organs. Prognosis is poor for people with four-degree burns and in most cases, these injuries are fatal.
HOW WILL A BURN INJURY LAWYER HELP ME?
The most important task for your attorney is being your advocate against the insurance companies and others who want to deny or settle your claim for less money than you need. Insurance companies are for-profit businesses and they hire attorneys to help them settle claims for as little money as possible.You need a lawyer who will look closely at the claim to determine the damages you are entitled to which include:
- Medical expenses
Burns can require expensive treatments such as skin grafts, amputations, and wound care. If the cause of the burn was not your fault, you or your insurance company should not have to pay for these expenses. Some companies will try to pay less by citing a preexisting condition such as diabetes or heart disease, saying it is impeding the healing process. They will agree to only so many weeks of treatment. A burn injury lawyer will fight to get your medical expenses 100% covered.
- Lost wages
Unless you are wealthy, lost work time hurts your pocketbook and hampers your ability to pay your bills. If it wasn’t for your burn injury, you would be at work. A burn injury attorney will help you recover not just lost wages but future wages you may lose because you can no longer work.
- Pain and suffering
As mentioned earlier, California law does not cap personal injury claims. You are entitled to pain and suffering due to your burn injury for several reasons. · The injury resulted in a major change in your lifestyle. You may have to quit your job or an enjoyable hobby. You may not be able to do the same activities you once did with your children.
HOW DOES A BURN INJURY CLAIM WORK?
Your claim will begin with a meeting with a burn injury attorney. He or she will assess your injuries, financial needs, and pain and suffering. Your attorney will read reports of the fire. Once your attorney is armed with this information, he or she will reach out to those responsible for paying a claim. In some cases, a settlement is reached. But other times, a civil action is filed and the case is heard before a jury or a judge in a bench trial.
BURN INJURY STATISTICS
According to the National Fire Protection Association (NFPA), 3,390 fire deaths with 2,950 people dying in structure fires in 2016. Another 14,650 were injured.
- A structure fire occurs every 90 seconds and a burn injury occurs every 34 minutes.
- A civilian fire death occurs every two hours and 34 seconds, according to the American Burn Association.
- The leading cause of burn injuries is structure fires, which accounted for 84% of all fires in 2016, according to NFPA. The other fires occurred outside (17%) or were vehicle fires (9%). Eighty-one percent of fire deaths occurred in residential fires.
- Home fire deaths have declined 54.3% since 1977.
- Three-hundred and ten people died in fires that were set intentionally.
CALIFORNIA LAWS REGARDING BURN INJURY CLAIMS
In California, you have two years from the time of the injury to file a claim. The state does not cap the amount you can be awarded in damages if the case goes to trial.
Call Us Immediately for Free Consultation
Unfortunately, every year, many people experience personal injury accidents and suffer from serious physical injuries that alter their way of life. With our lawyers' professional case handling experience and ability to master all the details of legal liability will clear any doubts and questions regarding how much compensation you could get after the injury.
Personal Injury Law Group has successfully resolved hundreds of personal injury cases and recovered millions of dollars for clients.
Please call us today for a free consultation about your case at (858)-952-1901, and as always, if you don't win you pay no costs and no fees. There is no obligation and our friendly staff and attorneys stand at the ready to champion your case.