Marin County Burn Injury Lawyer
Severe burns can be one of the most painful injuries to endure and may result in permanent damage and scarring to the skin. Recovering from an injury so devastating may take years and can require extensive medical care, hospital stays, multiple surgeries, and physical therapy. If you or a loved one has suffered a burn injury due to someone else’s negligence, you may have the ability to sue for recovery costs, medical care, lost income, and your pain and suffering. Speak to a highly knowledge Marin County burn injury lawyer at Walkup, Melodia, Kelly, & Schoenberger to discuss your case options today.
Why Hire Us
- For nearly 60 years we have represented burn injury victims and have secured a total of over $1 billion in compensation.
- Our Marin County personal injury lawyers have worked with insurance companies for decades and understand how they operate. If you are not treated fairly, we are prepared to take your case to trial.
- We understand the severe financial hardships you may be facing, which is why attorney fees will not be collected until we secure a financial recovery on your behalf.
Types of Burn Injuries
These are the most common types of burn injuries and how they are typically caused:
- Thermal burns: Open flames, hot surfaces, and scalding hot liquids.
- Friction burns: Skin rubbing against a surface causing a burn, such as road rash.
- Electrical burns: Discharges of electricity, such as from an electrical wire.
- Chemical burns: Toxic or corrosive chemicals.
- Radiation burns: Sunlight, ultraviolet light, x-rays, or radiation therapy.
Burns can range in degree of severity. First-degree is superficial damage to the outer layer of the skin, whereas fourth-degree burns through every layer of skin, damaging muscle, fat, tendons, and reaching the bone.
How Do You Determine Liability?
Burn injury lawsuits will typically be based on the following theories and the liable parties will differ based on the situation in which the injury occurs:
The wrongful actions, or inaction, of an individual, group, or company that cause harm to another.
To win a personal injury case based on negligence, the injured victim must prove the following elements according to Civ. §1714:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty.
- The defendant’s breach caused injury to the plaintiff.
- The plaintiff suffered losses due to the injury (medical expenses, lost income, pain and suffering)
California also operates under the rule of “comparative fault.” Under this law, even if the plaintiff is found to be partially at fault, they can still recover damages. The only difference is that the amount the plaintiff is awarded will be reduced by the percentage the plaintiff is at fault.
Defective Product Burn Injuries
When a defective product causes a burn injury, the company that manufactured the product may be liable for damages. In addition, anyone involved in the chain of distribution can be liable, including the product’s designer, distributor, and seller.
Plaintiffs must prove the following in a defective product liability case, in accordance with California Civil Jury Instructions (CACI) No. 1200:
- The defendant designed, manufactured, distributed, or sold the defective product.
- A manufacturing, design, or warning defect existed when the product left the defendant’s possession.
- The plaintiff used the product as intended.
- The product defect caused harm to the plaintiff.
Premises Liability in Burn Injuries
California’s premises liability laws are based on negligence, as outlined in Civ. §1714. When a burn accident happens on another person’s property, the owner of the property may be liable for damages. According to premises liability laws, property owners have a duty to inspect and maintain their property, repair hazardous conditions, and/or warn visitors about any dangerous conditions.
How Long Do I Have to File a Burn Injury Lawsuit in Marin County?
In most situations, California law allows Marin County burn injury victims two years from the date of the accident to file a civil lawsuit in order to recover monetary compensation from the at-fault party. Failure to bring a claim within the set time period will eliminate your right to seek compensation. There are different variations to the rule of law that can be found in California Code of Civil Procedure sections 312-366.
Do You Need a Burn Injury Attorney?
Our highly qualified Marin County burn injury lawyers care about your recovery and will represent you on a contingency fee basis. In a contingency fee agreement, we will not charge any legal fees unless we win your case. Have your case evaluated today at no cost to you by calling (415) 981-7210 or filling out our online contact form.