Guide to Burn Injury Claims in California (2025)

Fire-related accidents occur throughout California yearly. An experienced personal injury lawyer can gather and analyze evidence to prove whether the accident arose due to someone else’s negligence. This is the first step toward filing a burn injury claim, which allows you to seek compensation for damages caused by your injury. Such claims can help you cover your medical bills, lost wages, pain and suffering, and property damage.

Cutter Law’s experienced burn injury lawyers have developed this guide to explain your rights and options if you have suffered a burn injury. Learn how to determine if you have a valid claim and how to build a strong case to pursue compensation.

Do You Have a Valid Burn Injury Claim?

In California, a valid burn injury claim typically involves proving that someone else is to blame for your burn injury due to their negligence or a defective product. Parties liable for your injuries may include manufacturers, property owners, businesses, and more.

Common Negligence in Burn Injury Claims

Negligence takes many forms in burn injury cases. Personal injury cases require you to prove that the negligent party breached their duty of care, causing your injury and damages. Below are specific examples that illustrate how negligence can instigate a burn injury.

Motor Vehicle Accident

Fires can result from car accidents caused by another driver’s negligence. For instance, suppose a reckless driver speeds through a red light. Their car crashes into yours, sparking a fire. Fuel leaks ignite and cause burns to your arms.

In this example, the driver’s negligence makes them liable for your burn injury claim. You can prove their fault using evidence such as police reports, dashcam footage, black box data, and eyewitness accounts.

Product Liability

If a faulty product causes a burn injury, the manufacturer or seller may be liable for the resulting damages. If the product had design, manufacturing, or marketing defects, you may file a lawsuit against the negligent party.

For instance, a vape pen explosion may result when a defective battery overheats and explodes in your pocket, resulting in severe leg burns.

Chemical Exposure

Exposure to toxic chemicals can cause burns and other injuries.

In one recent lawsuit, we allege that the Martinez Refining Company failed to follow safety protocols, exposing the residents of Martinez, California, to harmful chemicals. Many residents sought medical treatment for respiratory problems.

A pending lawsuit asserts negligence and public nuisance claims against the refinery company for its alleged delay in reporting incidents as required by law. The suit also states that the company failed to take corrective measures to address toxic chemical releases.

Wildfire Burns

Wildfires, such as the Eaton Fire, can cause significant property damage, burn injuries, or even wrongful deaths, and can put families on a long journey of rebuilding their lives. In some cases, fires have occurred when a utility company neglects to maintain its power lines.

Unsafe Work Conditions

Certain employers must implement safety protocols, such as providing personal protective equipment, or PPE, to workers. Such equipment may include heat-resistant gloves and aprons. If a factory worker handles flammable materials without proper gear, they risk sustaining burn injuries.

If you have suffered a burn injury at work, you generally cannot sue your employer, even if it was negligent. However, you might be eligible to file a workers’ compensation claim for your injuries. However, if a third party is responsible for your burn injury, you might be eligible to file a lawsuit against them and seek compensation for the full extent of your losses.

How Much Is a Burn Injury Claim Worth?

Burn injury claims in California cover various damages, including:

Economic damages: Victims can pursue compensation for their financial losses, including past and future medical costs, lost wages, lost earning capacity, and property damage.
Non-economic damages: These damages are more difficult to quantify because they cover the subjective impacts on the victim’s life. They include pain and suffering, scarring, disfigurement, emotional trauma, and loss of consortium. When evaluating emotional trauma damages, courts consider psychological evaluations and expert testimony.

Every burn injury case is different. The amount of compensation you receive depends on the specifics of your case.

Burn Injury Case Highlight

Cutter Law obtained a $1 million dollar settlement on behalf of a client who sustained burn injuries to her abdomen and leg when her electronic cigarette exploded in her pocket.

Key Factors Affecting a Claim’s Value

Several factors impact the value of your burn injury compensation claim in California, including:

Severity of the Burn

Burns are classified into the following four categories, with each level indicating deeper tissue damage and more serious consequences:

First-degree burns affect only the outer layer of skin, causing pain and minor swelling.
Second-degree burns penetrate deeper into the skin, or dermis, resulting in blistering and potential scarring.
Third-degree burns destroy all skin layers, often appearing white or charred.
Fourth-degree burns extend beyond the skin, damaging muscles, tendons, and even bones.

Severe burns often require extensive medical care, including reconstructive surgery. Due to the high costs and lasting impact, such injuries can considerably increase the value of a burn injury claim.

Medical Treatment and Expenses

The cost of your medical treatment, including surgeries and skin grafts, significantly impacts your claim’s value. Rehabilitation programs, such as physical therapy, can also increase expenses.

Impact on Quality of Life

Burns affect more than just your body. You may experience physical pain for years, while scarring can affect your self-esteem. Emotional trauma, such as anxiety, is also common. Juries factor in how burns disrupt daily life when awarding burn injury compensation.

Lost Wages and Future Earning Capacity

Burns may keep you from work, causing reduced income. Severe burns might also limit future job prospects. If you can’t return to your career, compensation reflects this loss.

Comparative Negligence

California’s comparative negligence law apportions fault among all parties involved in an incident, directly impacting the compensation injured victims receive. Under this system, a plaintiff can recover compensation even if they are partially responsible for their injury. However, the compensation is reduced proportionally to their degree of fault.

For instance, suppose a driver runs a red light and crashes into a drunk and speeding trucker. A court might determine that the passenger car driver bears 20 percent responsibility. The court then reduces their compensation by that percentage.

This system incentivizes insurance companies to shift blame to accident victims to limit payouts. However, an experienced attorney can build a case to establish the defendant’s fault and counter allegations of shared blame.

How To Build a Strong Burn Injury Claim

Building a strong burn injury claim requires being proactive. Here’s what to do after sustaining burns in California:

Gather evidence: Take photos and videos of the accident scene and your injuries. Collect medical bills and lost wage records. Get contact information from any witnesses. Your burn injury lawyer can contact them to confirm your story.
Seek immediate treatment: Even if you don’t think your burn is that bad, medical treatment can prevent infection and other complications. In addition, it can create a valuable paper trail documenting your injury.
Follow your doctor’s orders: Attend all scheduled appointments and complete your treatment as directed. If you ignore your doctor’s advice, defendants may argue that your injury isn’t serious.
Report the incident: You must report workplace injuries to your employer within 30 days. For a motor vehicle accident, call 911 to report the accident. If a defective product caused the burn, report the incident to the manufacturer. Keep the product as evidence.
Consult expert witnesses: Experts, such as burn surgeons and engineers, provide testimony to clarify complex medical or technical issues for the jury. Opposing parties may present competing experts, requiring your attorney to highlight the credibility of your evidence.
File within California’s statute of limitations: You have two years from your injury date to file a lawsuit against the liable parties. If you are filing a claim against a government entity, you have six months to do so.

How Can a Personal Injury Attorney Help?

An experienced personal injury attorney can gather and analyze evidence for your burn injury claim. Photos, medical records, witness statements, and expert testimony can prove negligence. Your attorney will handle all paperwork and file your case before California’s two-year statutory deadline expires.

Hiring a skilled attorney allows you to focus on recovery. At Cutter Law, we are ready to review your case and discuss your options. Complete our contact form today to schedule a complimentary consultation.

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