Proving Negligence in a Burn Injury Case

The pain and suffering of burn injuries are unimaginable. The physical, emotional and financial toll the burn injuries can leave can be devastating, whether it resulted from a burning fire injury, chemical burns, hot surface burns, an electric shock or scalding liquid. If your burn injury resulted from the negligence of another, you can recover, however that recovery will depend on proving fault.

Recognizing that a burn injury can have long-lasting consequences, Beverly Hills Injury Firm knows how important it is to build a compelling legal claim from Day One. Here, we detail in full how to establish negligence in a burn injury case, so you will know what to expect when it is time to speak with an attorney and contest for the maximum compensation to which you are entitled.

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Negligence in Burn Injury Cases

Negligence is the failure of one party to use reasonable care, resulting in harm or injury to another person. Negligence relating to burn injuries can stem from several different scenarios such as;

Faulty electrical wiring or equipment

Unsafe working conditions

Defective consumer products or appliances

Restaurant or kitchen accidents

Motor vehicle crashes involving fire

Fire hazards or violations of building codes due to landlord carelessness

Insufficient labeling around high heat or chemical areas

In order for this to happen, your lawyer is going to need to show that someone other than you was engaged in negligence and that it led either wholly or in part to the damage done.

The Four Elements of Negligence

Negligence In order to link negligence and construct a strong burn injury case, your attorney will need to establish the following four essential components:

Duty of Care: You the plaintiff, must have been owed a duty of care by the defendant. That is if they unwarily hold a responsibility to keep the premises safe, follow safety precautions or create items that were not harmful.

Breach of Duty: Then, we have to prove that the defendant has indeed violated his duty of care. This could be, for example, a landlord failing to provide smoke detectors, (in) a product manufacturer selling an item that ignites/flames easily or (on the job site) an employer not meeting either OSHA safety standards.

Causation: Then you must establish the breach of duty actually caused your burn injury. This is called “causation,” and it must be proven by evidence and expert testimony facts.

Damages: Last of all, you need to show your burn injury caused quantifiable losses. Burn injuries often lead to: Emergency medical care and hospitalization, Skin grafts or reconstructive surgeries, Infections and complications, Permanent scarring or disfigurement, Loss of mobility, Emotional trauma and PTSD, Lost wages and reduced future earning capacity,

Demonstrating the entire nature of your losses is key to recovering appropriate damages.
Frequent Proof of Neglect is employed in Burn Injury Cases

Evidence To Prove Negligence in burn injury cases

You can have a case based on great evidence. Most likely, the more documentation you and your lawyer can obtain, the stronger your lawsuit will be. Common examples of key evidence in cases of burn injury may include:

Workplace, Fire and Law Enforcement Accident Reports

Photos or video of the incident, location and injuries

The type and treatment of the burns, evident in actual medical records

Testimony by witnesses who observed the accident or unsafe conditions

Violation of Codes or Building Safety Reports

Testimony from Fire Safety Professionals, Product Engineers; and Medical Experts

Notes on employment to show lost income or work capacity

Detailed evidence does more than establish fault, it also strengthens the recovery of your entire damages.

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Understanding Comparative Negligence in California

In California, the law follows a pure comparative negligence rule. So for example, if you were 30% at fault for your burn injury then you can still receive compensation, but it will be reduced to a percentage of what amount was to be paid had you not been at fault.

If the jury found that you were 20% at fault for the accident and your total damages where $500,000 you would still recover $400,000. Establishing that the other party was at fault and to blame is a critical part of recovering as many damages as possible.

Burn Injury Cases Are Complex: How Legal Representation Makes a Difference

We understand that cases involving burn injuries are generally very complex medically and legally. Some insurance companies will look to downplay the severity of your injuries, drag out the process, or attempt to pass liability entirely onto yourself. Without an experienced attorney, you could end up settling for far less than what your case would actually be worth.
Our team at Beverly Hills Injury Firm:

Scrutinize the ins and outs of your injury, as well as how it happened

Collect and Maintain All Important Evidence

Collaborate with leading burn care and safety professionals

Effectively quantify all of your current and future losses

Communicate and negotiate with the insurance companies

Trial preparation in your case if necessary

Our aim is simple, to get you the justice and compensation that fits your injuries so that you can concentrate on getting better. Don’t Wait, The Clock Is Ticking

Under California law, you generally have two years from the date of your accident to file a personal injury claim. That being said, if you suffered a burn injury in a government agency or property, you may only have six months.

Time is critical. The earlier you seek legal advice, the more likely that valuable evidence can be retained and a strong case developed.
Schedule a Free Consultation Today.

In the event that you or a loved one has experienced a burn injury, it is important to seek out help from a legal team who knows the law and can empathize with how these injuries will affect your life. By calling Beverly Hills Injury Firm, you will receive help to hold the at-fault party responsible so that you can seek out California's maximum recovery.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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