A Burn Injury Can Create Costs That Continue for Years
The first medical bills tell only part of the story after a severe burn. Treatment may continue through grafting, scar management, reconstructive procedures, therapy, medication, and other care long after the original wounds have healed.
For a California burn victim, the financial impact can extend beyond medical treatment. Time away from work, reduced earning capacity and the need for assistance at home may all become part of the claim.
When another person, company, manufacturer, or other party caused the accident, California law may allow recovery for both past expenses and losses that can be supported by evidence.
If a fire, explosion, chemical exposure, vehicle collision, or other accident left you with serious burns, Easton & Easton, LLP can examine the costs that may continue well beyond the initial hospitalization, identify the potential sources of insurance, and build a demand that accounts for those long-term costs.
Key Takeaways
- Severe burns may require years of grafting, scar treatment, therapy, and reconstructive procedures.
- California law allows recovery for pain and suffering in personal injury claims, although different rules can apply to medical malpractice cases.
- Available insurance may be far below the amount needed for long-term burn care.
- A life care plan can help document anticipated medical treatment and other future needs.
- Most California personal injury claims are subject to a two-year filing deadline, making the timing of a claim important even when treatment is still underway.
Easton & Easton, LLP has represented injured Californians for more than three decades. A free consultation can provide an opportunity to examine the circumstances of the accident, the available coverage, and the costs that may need to be addressed.
Why Burn Injuries Can Become Long-Term Claims
A serious burn does not always follow a short treatment cycle. The initial emergency care may be followed by additional procedures as doctors address scarring, restricted movement, nerve damage, disfigurement, or other lasting effects.
The source of the burn can also affect how a claim develops. Vehicle fires, defective products, chemical exposure, workplace incidents, and unsafe premises can involve different parties and different sources of insurance.
The American Burn Association identifies fire, scalds, and chemical exposure among the leading causes of burn and contact injuries and reported roughly 650,000 people treated for fire, burn, and contact injuries in 2021, the most recent year reflected in its published count.
When another party’s conduct caused the incident, identifying that party and establishing the connection between the conduct and the injury can become central to the claim.
The Medical Cost Is Only One Part of the Financial Picture
Looking at the emergency-room bill alone can dramatically understate what a severe burn may cost over time.
Treatment can unfold in stages. A victim may need additional grafting after the initial hospitalization, therapy to preserve movement, surgery to address permanent scarring, or reconstructive procedures involving the face, hands, or other areas of the body.
Those expenses may arise long after an insurance company has reviewed the original medical records.
The Agency for Healthcare Research and Quality reported approximately $1.5 billion in nationwide medical costs associated with burn-related injuries in 2010, the most recent year covered by that particular measure.
For an individual claim, however, the relevant question is not a national average. It is what this particular injury is expected to require over the victim’s lifetime.
What Future Burn Treatment May Involve
A long-term burn claim may need to account for medical needs that have not happened yet.
Depending on the injury, those needs can include:
- Repeated skin grafting and scar revision
- Physical and occupational therapy to address restricted movement
- Reconstructive procedures involving the face, hands, or other areas
- Pressure garments and wound-care supplies
- Prescription medications
- Psychological treatment related to trauma, sleep disruption, or changes in appearance
- Modifications to the home
- In-home assistance during periods of limited mobility or extended recovery
The purpose of documenting these needs is to establish what the injury is reasonably expected to require and place those future costs into the overall damages calculation.
Insurance May Not Match the Cost of the Injury
One of the first questions in a serious burn case is often where the money for long-term treatment can come from.
The responsible driver’s liability limits may be modest compared with the projected medical expenses. A homeowner’s policy may not provide the protection a family expected. Other claims may involve commercial policies, umbrella coverage, manufacturer insurance, or additional parties whose conduct contributed to the accident.
Underinsured motorist coverage can also become important in a vehicle-related injury. Looking only at the policy belonging to the person who caused the accident can leave potentially relevant coverage unexplored.
Easton & Easton reviews the available insurance coverage as part of evaluating a serious injury claim. The objective is to understand what sources of recovery may exist before a settlement decision is made.
If you are unsure what insurance applies, a consultation can help identify the policies and parties that may need to be examined.
How Future Costs Are Documented in a Burn Case
A severe burn claim requires more than collecting receipts from treatment that has already occurred. Future needs have to be supported with evidence.
That process may involve several types of professionals.
- The treating medical team documents the nature and extent of the burns, treatment already provided, complications, and anticipated medical needs.
- A life care planner can organize projected future treatment, equipment, therapy, medications, and other care into a detailed plan.
- A vocational expert or forensic economist can evaluate the effect an injury may have on future employment and earning capacity.
- The legal team uses those records and projections to develop the damages portion of the claim and account for future losses.
This approach creates a more complete picture than relying on the bills generated during the first few months after the accident.
Easton & Easton, LLP has secured more than $500 million for injured clients across California. Our attorneys can work with the available medical and financial evidence to determine what needs to be documented before a serious burn claim is presented for settlement.
Frequently Asked Questions
How long does a severe burn injury claim take to settle in California?
Cases can take longer than less extensive injury claims because the medical picture may continue to develop and future treatment may need to be established before the value of the claim can be evaluated.
When additional grafting, reconstruction, or therapy remains likely, resolving the claim too early can leave important future expenses undocumented.
What if the driver who caused my accident does not have enough insurance to cover my burn injury?
Your own underinsured motorist coverage may provide another source of recovery after a qualifying accident. Additional coverage may also exist when a business, manufacturer, property owner, or another party shares responsibility.
California Insurance Code section 11580.2 addresses uninsured and underinsured motorist coverage and includes circumstances in which such coverage is part of an automobile policy unless it has been rejected in writing.
The available policies should be reviewed based on the specific accident rather than assuming the at-fault driver’s policy is the only source of compensation.
Can I recover damages if I was partly responsible for the accident?
California follows a pure comparative negligence system. A person who is found partly responsible for an accident may still recover damages, although the amount awarded can be reduced according to that person’s percentage of fault.
The facts surrounding the accident determine how responsibility is allocated, so partial fault does not by itself answer whether a claim can be pursued.
Can a burn injury settlement include surgeries I have not had yet?
Potential future medical expenses can be included when they can be established with appropriate evidence.
For a serious burn, that may involve anticipated grafts, scar revisions, reconstructive surgery, therapy, medication, or other treatment. Medical testimony and a life care plan can help establish what care is expected and what those services may cost.
What is a life care plan, and when is one useful?
A life care plan is a structured projection of the medical and related services a person may need because of a lasting injury. For a severe burn, it can address future procedures, therapy, equipment, medication, supplies, and other anticipated needs.
The plan can give the parties a documented basis for evaluating future damages rather than relying only on treatment that has already occurred.
How long do I have to file a burn injury lawsuit in California?
California Code of Civil Procedure section 335.1 provides a two-year limitations period for most actions seeking damages for injury caused by another person’s act or neglect.
The filing period can continue to run while medical treatment is underway. Other deadlines may apply in particular circumstances, including claims involving government entities, so the applicable deadline should be evaluated based on the facts of the case.
Easton & Easton, LLP for Severe Burn Injury Claims in California
The visible injury may be obvious. The financial consequences often are not.
A severe burn can affect future surgeries, physical abilities, employment, daily activities, and the way a person lives for years after the original accident. Those consequences need to be considered alongside the medical expenses already sitting in a file.
At Easton & Easton, LLP, we look beyond the first set of bills when evaluating a serious burn injury claim. Our firm brings more than three decades of experience handling significant injury cases and has secured more than $500 million for injured clients.
If you are dealing with a severe burn caused by an accident in California, contact Easton & Easton today to discuss the circumstances, the losses you are facing, and the steps available for pursuing a claim.
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