Orange County Burn Injury Attorneys

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Orange County Burn Injury Lawyer

Any kind of personal injury can be painful and damaging, but burn injuries are some of the worst injuries anyone can experience. These injuries are not only excruciating but also potentially permanently damaging. Some people suffer burns that leave lasting scars and cause other medical complications. If you have suffered a burn because of another party’s actions, an Orange County burn injury lawyer can help hold them accountable.

Trusted Orange County burn injury lawyer

Burn Injury Lawyers in Orange County, CA

Burn injuries can result from all kinds of underlying negligence, ranging from defective products leaking dangerous chemicals to negligence in handling hot liquids to negligence causing car and motorcycle accidents to electrical shocks and burns. In fact, burn injuries can even occur as a result of the ingestion of and subsequent allergic reaction to certain medications. Attorneys at Easton & Easton, LLP have handled cases involving burn injuries as a result of these different types of negligence.

burn injury attorney orange county ca

Classifying Degree Of Burn Injuries

Burns are typically classified as first-degree, second-degree, and third-degree burns. First-degree burns are usually characterized by reddening of the skin, but with no blistering because the damage is only to the epidermis (superficial layer) of the skin. In second-degree burns, the damage has passed through the epidermis, causing the formation of blisters on the outside of the skin.

In third-degree burns, however, the damage extends past the epidermis and into the dermis (deep layers) of the skin, often burning through subcutaneous fat, muscle, and even bone. Usually, where third-degree burns have occurred, skin grafting will be necessary to repair the damage. These injuries are best treated in Burn Wards of major hospitals where the doctors and nurses have specialized training in dealing with these types of catastrophic injuries.

The Infamous McDonald’s Coffee Case

One of the more well-known third-degree burn cases, which many forget to recognize as a serious burn case, is Liebeck v. McDonald’s Restaurants or the “McDonald’s Coffee Case.” Liebeck is often referenced with infamy as the poster child of frivolous lawsuits and excessive awards. However, upon learning the true facts of the case, most people feel very differently about it.

In that case, Ms. Liebeck, a 79-year-old woman, ordered coffee at the McDonald’s drive-thru, then parked and placed the cup between her legs while she attempted to add cream and sugar to it. When she tried to pull the lid off of the cup, the coffee spilled onto her lap, severely burning her thighs, legs, buttocks, and groin. She suffered third-degree burns on 6 percent of her skin, including her genitalia, and underwent significant skin grafting, followed by two years of medical treatment.

During her trial, Ms. Liebeck’s attorneys showed that McDonald’s required its franchises to serve coffee at 180-190 ºF, at which temperature the coffee would cause severe third-degree burns within seconds if it spilled. While McDonald’s served its coffee at this extremely high temperature for its own convenience in keeping the coffee hot for its drive-thru patrons, this high temperature put its customers at undue risk of sustaining a severe burn if the coffee spilled. Other similar establishments (like Burger King, Starbucks, etc) serve coffee at a significantly lower temperature. Ms. Liebeck’s attorneys argued that coffee did not need to be served hotter than 140 ºF. Thus, their claim was that McDonalds created a dangerous product by serving the coffee in flimsy paper cups at unnecessarily extreme temperatures. Obviously the jury agreed with them.

It was because of this proof at trial, specifically that the coffee was so much hotter than it needed to be, and because of Ms. Liebeck’s severe burn injuries that the New Mexico jury awarded her $2.86 million. This serves as a prime example that burn injuries can arise from all types of negligence and that great harm often will result from these types of injuries.

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3 Things You Should Know After A Burn Injury Has Occurred

Seek immediate medical help and, if it’s a serious third-degree burn, insist on treatment at a major hospital with a Burn Ward.

Preserve any evidence of the negligence or causative effect of your personal injury in Orange County.

Call Easton & Easton, LLP as soon as possible so we can advise you what to do next.

Reactions To Drugs And Other Treatments For Burn Injuries

Allergic reactions to certain types of drugs can cause a burning type of injury.

In addition to traditional external burn cases, attorneys at Easton & Easton, LLP have experience handling allergic reactions to certain types of drugs that cause a burning type of injury from within the body to the mucous membranes, such as the mouth, pharynx, trachea, genitalia, and eyes. Skin blistering is common with these burn cases. These types of injures are often diagnosed as Stevens-Johnson Syndrome or Toxic Epidermal Necrolysis, and result from allergic reactions to sulfonamides, antibiotics, anticonvulsants, and NSAID’s.

Medical Complications From Burn Injuries

One of the most troubling aspects of burn injuries is the fact that they often cause lasting damage. Depending on the severity of a burn, its location on the victim’s body, and the surface area of the body that it affects, it is possible for a burn to cause a host of long-term medical complications. For example, if a victim suffers a burn around their elbow or shoulder joint, the scar tissue that forms will eventually restrict the mobility of their arm.

Burns are also disfiguring, especially those that affect the head and face. This causes psychological distress along with the physical pain of the injury. Ultimately, burns are typically classified as catastrophic due to the fact that they are physically and psychologically harmful, and the damaging effects can last for years or even permanently.

Recovering Compensation for a Burn Injury

If you are able to prove that another party directly caused your burn injury through some form of negligence or illegal misconduct, you have the right to seek full repayment of all associated financial losses. You can claim compensation for immediate and future medical expenses, and this includes any future surgical procedures and rehabilitation you will need to reach maximum medical recovery.

When the victim of a burn injury cannot work while they recover, the defendant who injured them is liable for all the income they are unable to earn during this time. Additionally, if the defendant is unable to return to work in the future, the defendant is also liable for future income they are no longer able to earn. An experienced Orange County burn injury lawyer is the ideal resource to consult for help in accurately calculating these projected losses.

If you sustained a severe burn causing any level of long-term or permanent damage, the pain and suffering compensation you secure from a successful personal injury suit is likely to form the bulk of your total recovery. State law does not place a cap or limit on pain and suffering compensation in most personal injury cases, with the sole exception of medical malpractice claims.

For all other personal injuries, a plaintiff may seek as much as they deem reasonable to reflect the severity of the harm they suffered and the extent of the long-term effects they must endure. For many plaintiffs, it amounts to several times the total of their claimed economic losses. Your Orange County burn injury lawyer can help determine a suitable amount in your claim, potentially enhancing your recovery far beyond your initial expectations.

Once you have gathered proof of liability for your injury and the evidence needed to show the full extent of your damages, you can submit your complaint to the local court. At this point, your case could proceed to either settlement negotiations or litigation. If the defendant accepts liability, they are more likely to seek a settlement, but if they deny fault, then your case may proceed to court. This will take much longer to resolve.

Easton & Easton can assist you in building a comprehensive personal injury claim that aims for maximum recovery. We have decades of experience handling difficult personal injury cases on behalf of clients throughout Orange County, and we will do everything we can to streamline your recovery. You have a limited time in which to pursue your claim, so it is vital to reach out to an attorney after a burn injury.

FAQs

Q: How Much Compensation Can I Claim for a Burn Injury?

A: The total potential value of your personal injury claim can include compensation for all the economic losses the defendant inflicted, including medical expenses, lost income, and property damage, and you also have the right to claim pain and suffering compensation. It’s common for plaintiffs to initially undervalue their claims, so it is vital that you consult an Orange County burn injury lawyer for an estimate of your claim’s potential value.

Q: How Do I Prove Liability for a Burn Injury in Orange County?

A: Success with any personal injury claim will require proof of liability, meaning you will need to prove exactly how your injury happened and identify every party responsible for causing the injury. Your Orange County burn injury lawyer can help gather whatever evidence may be necessary for you to prove fault, and they can help you address any shared fault you may hold for causing the incident.

Q: How Does Comparative Fault Work?

A: The state enforces a pure comparative negligence statute that comes into play in any civil claim for damages in which multiple parties share liability for causing the damages. Under this rule, each liable party has a fault percentage assigned. If a plaintiff is assigned fault, whatever fault percentage they hold is subtracted from their case award. For example, if the court determines that a plaintiff is 40% at fault, they would lose 40% of the case award secured from the defendant.

Q: How Long Do I Have to File a Personal Injury Claim?

A: If you intend to file any type of personal injury claim in California, you must do so within the statute of limitations. This time limit for filing your claim begins on the date the injury occurred, and while two years might sound like plenty of time, the reality is that it may take longer than you expect to gather the foundational elements of your claim. The sooner you start the claim filing process, the more likely you are to succeed with your case.

Q: Will I Win More Compensation if I Hire an Attorney for My Case?

A: Your Orange County burn injury lawyer will know all the various avenues of compensation you might overlook on your own. They can also help you more accurately calculate the future economic losses for your potential claim, further enhancing your total case award. Additionally, when it comes to claiming pain and suffering compensation, they will know how to maximize this aspect of your total compensation.

Schedule Your Free Initial Consultation With Our Experienced Orange County Burn Injury Attorneys

At Easton & Easton, LLP, our years of experience allow us to seamlessly assess and coordinate medical care to make certain the full extent of our Orange County clients’ injuries are identified, treated, and provable.

We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a claim, and at Easton & Easton, LLP we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies’ tricks and stratagems.

Please call our Orange County burn injury lawyers at 800-461-8259 for a free initial consultation. If we do not take your case, there is no charge.

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