Orange County Burn Injury Attorney

It depends on what caused the burn. Possible defendants include a driver whose crash caused a vehicle fire, a landlord who failed to maintain smoke alarms or wiring, a business that left hot liquids or chemicals unsafe, a contractor, or the maker or seller of a defective product. More than one party can share responsibility. The first step is preserving the evidence that shows how the fire or exposure started.

Doctors describe burns as superficial (formerly first-degree), partial-thickness (formerly second-degree), or full-thickness (formerly third-degree), depending on how deep they go. Deeper burns generally need more treatment and a longer recovery, and depth, size, and location all affect future care. A claim should be valued only after doctors can describe the likely course of recovery.

Workers’ compensation is generally your only remedy against your own employer (Labor Code § 3602). But you may have a separate claim against someone else whose negligence caused the burn, such as an equipment maker, a contractor, or a property owner that is not your employer (Labor Code § 3852). Report the injury to your employer promptly, and keep the names of witnesses and any equipment involved.

Possibly. California makes the owner of a rented unit responsible for testing and maintaining required smoke alarms and for making sure they work when a new tenancy begins, while tenants must report alarms that stop working (Health and Safety Code § 13113.7). A violation that causes the kind of harm the law was meant to prevent creates a presumption of negligence (Evidence Code § 669). Keep your lease, maintenance requests, and messages with the landlord.

Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1, and for a minor that period generally does not run until age 18 (§ 352(a)). If a city, county, school district, or other public agency may be responsible, a written government claim is generally due within six months (Government Code § 911.2), with no automatic extension for minors (Code of Civil Procedure § 352(b)). A child’s settlement generally needs court approval (Probate Code § 3500). Confirm your dates early.

California law allows compensation for all the harm an injury caused, including harm certain to result in the future (Civil Code §§ 3333, 3283). In burn cases that can include surgery, grafts, scar treatment, therapy, and counseling; lost earnings and earning capacity; and pain, emotional distress, and disfigurement (CACI No. 3905A). Each item needs evidence. If you were partly at fault, your recovery is reduced, not eliminated (CACI No. 405).