Defendants, Damages, and Other Aspects of a Burn Injury Lawsuit

If you are recovering from a burn or caring for someone who was burned, the last thing you are likely thinking about is pursuing a claim against the person or business that caused it. But acting quickly is important. CaseyGerry will handle the investigation process, any insurance companies involved, and other hurdles, so you and your family can focus on recovery. Below are a few things you can expect by filing a lawsuit.

Defendants in a Burn Injury Lawsuit

An injured person who files a lawsuit is known as the plaintiff. The person, business, or government entity whose negligence caused the incident is the defendant. Anyone whose careless or negligent behavior contributed to a person’s burn injuries may be held accountable in court. Defendants in burn injury cases can include:

  • The designer, manufacturer, distributor or seller of a defective product
  • A property owner whose carelessness led to a fire, electrical burn, scalding water burn, etc.
  • Someone involved in a construction site who acted negligently

If a governmental entity is involved in the case, they are given extra protection in California. Both minor and adult victims must file a governmental claim within six months of the injury, or the judge may deny the claim.

Determining Compensation

Everyone’s case is different, so it’s impossible to determine ahead of time what the financial outcome will be. When negotiating a settlement or taking to trial a burn case, the legal team will consider factors such as:

  • The severity of the burns and whether they caused permanent disfigurement or disabilities,
  • How active you were before the incident,
  • The medical treatment needed for your burns,
  • Whether your injuries caused you to lose income,
  • The physical and emotional suffering you experienced because of your injuries,
  • Your past and future medical bills, lost earnings, opportunities, etc.

These and other details will help determine a fair financial recovery.

If your loved one died as a result of burn injuries, please visit the wrongful death section of this website for more information.

Time Limit

California limits the time you have to file a lawsuit. Cases involving government agencies have a very short time to file a claim. If you are a burn victim, contact us as soon as possible after getting medical help. If the statute of limitations expires, your right to pursue a claim may be barred. We welcome you to contact CaseyGerry to schedule a confidential consultation. An experienced attorney will explain the next steps and what you can expect. You can reach our office at (619) 238-1811.

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