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Burn Injury Law: Establishing Liability and How to File a Claim

A burn injury can result from a product defect, a workplace injury, or some other form of negligence. The party responsible for the injury is also responsible to cover the victim’s medical expenses and damages. In cases where a victim is partially held accountable for the incident, he or she could still be able to receive financial compensation for the damages based on the negligent party’s level of fault.

When a burn injury has transpired, the injury can cause extreme financial hardship for the victim and his or her dependents. With the help and support of a skilled personal injury attorney, the victim has the opportunity to seek compensation to cover the following:

  • Medical expenses due to the burn (all aspects, past and future);
  • The loss of earning capacity (past and future);
  • Pain or suffering of all forms and types due to the injury.

If you or someone you know has recently suffered a burn as a result of negligence, seek the legal advice of an attorney who has experience in burn injury law. A qualified attorney will help you build a strong case and help you recover all damages and compensation possible. 

How to File a Burn Injury Claim

By filing a personal injury claim, the victim has the opportunity to seek monetary damages for any financial losses or physical injuries that were caused by the incident. When a burn injury claim is filed, it will be generally brought forth based on the following conditions:

  • Negligence or carelessness,
  • Product defect, or
  • For premises liability cases.

It is important to understand that personal injury cases have strict time restrictions. Generally, a person has a maximum of two years to bring forth a personal injury claim against the defendant. Depending on the facts of the case, time restrictions will allow for either more or less time – sometimes as little as 6 months! Speak to a personal injury attorney who can guide you through and/or represent you during this process. 

Filing a Claim for an Injury

In order to file a claim based on negligence, the following elements must be present:

  • The defendant owed the injured party a reasonable duty of care;
  • The defendant breached the reasonable duty of care;
  • And the breach caused the plaintiff’s injuries. 

Filing a Claim Based on a Product’s Defect

When a defective item has caused a burn-related injury to a victim, the product’s manufacturer or maker may be held accountable for the victim’s damages. Every state has applicable rules and regulations concerning product defects. For more information, consider seeking the legal advice of a qualified personal injury attorney. 

Burn Injuries Caused While on Another’s Property

In the event that a burn has occurred while on another’s property, the property manager or owner may have the responsibility to cover the damages associated with the burn. Property managers and owners have a duty to provide a reasonably safe premises for their visitors. 

The Bottom Line: Seek Legal Advice

If you or someone you know has suffered a burn-related injury, seek the advice of an experienced personal injury attorney. An attorney who has experience in burn injury law can help you obtain financial compensation for your injuries.

The attorneys at Heiting & Irwin are highly skilled in the field of burn injury cases. They have helped many burn accident victims obtain financial compensation for their injuries.

James Heiting

The only past President of the State Bar of California ever elected from the Inland Empire, James Heiting handles civil litigation matters throughout California, recovering over $300 million for clients, dealing with wrongful death, serious injury, professional malpractice and transportation accidents. Also past President of Riverside’s County Bar, his firm has served the Inland Empire for over 30 years. View Attorney James Otto Heiting's Attorney Bio Here.

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