How Long Do I Have To File A Burn Injury Lawsuit In los angeles?
- October 4, 2017
Burns constitute the most traumatizing and painful injuries anyone can experience. Even after the pain is gone, there are huge hospital bills to cover and obvious permanent scars that result in emotional distress to the injured. According to a recent study done in California, about 200,000 burn injuries are not reported every year out of which 3,500 are fatalities. Burn injuries may result from car accidents, defective objects, electrocutions specific chemicals, structural fires and scalding water.
In Los Angeles, burn injuries are classified into three stages of severity with each stage having different responsibilities for those who caused the injury. First-degree burns are recognized as mild with redness on the outer layer of the skin. After the healing, there are no permanent scars left. Second-degree burns penetrate up to the second layer of the skin and can be extremely painful. These burns can take several weeks or months to heal and result in permanent scars that may require grafting. Third-degree burns are lethal and very painful. They cause permanent damage to nerve endings and take years to heal partially. You should never attempt to diagnose the degree of burns without professional assistance
Under the State of California Law, victims of burn injuries have up to two years from the date of the accident to file a civil lawsuit against the parties at fault. Failure to file the suit within the statutory file limit denies the victim the rights to recovery for monetary compensation under the law. While filing a lawsuit for a burn injury, it is important to choose a burn injury attorney to help you file a successful case. Unlike standard injuries, burn injuries are unique since there are a number of different factors to be considered. These factors include the physical and psychological damage to the victim, pain, anguish and lifelong suffering.
The liability of burn injuries is dependent on a number of different factors such as the place the accident occurred, how it happened and the mitigating steps to prevent future injuries. When determining the liable party, facts are required and can only be made known once discovery takes place. Discovery allows the attorney to get the relevant facts of who is at fault. Depending on the identified facts during the discovery process, liability can be imposed on different parties.
Where burn injuries occur at a place of work, when the employee is on their course of duty, they can file an employee compensation claim from their employers, which restricts any further legal action against the employer. Where the burn injury occurs from the handling of dangerous chemicals that were not labeled by the producer, the producer is held liable for the damage. If you had a certain degree of fault towards the injury, your compensation may be limited under the pure comparative negligence rule applied in Los Angeles.
Burn victims in Los Angeles seek compensation for the medical expenses incurred when treating the burns. Cosmetic surgery is recommended to restore the skin after the damage. Compensation is done for current and ongoing medical expenses, emotional distress and wages lost during the time when the individual was incapacitated. Los Angeles personal injuries have a settlement calculator that helps you in determining the amount of compensation to demand. It is also important to consult your insurance provider to determine the settlement amount from the initial stages.
Burn injuries leave permanent physical scars and emotional distress to the victim. However, with a reliable burn injury attorney, you are able to reach a verdict and get compensation, which will help cater for your medical treatment. Though the settlement will not alleviate the emotional and psychological pain, it will fund your long-term treatment towards recovery.