Burn Injury Lawyer in San Jose, CA
A burn injury can result in severe lifelong physical health issues and severe emotional trauma. In addition to the physical and emotional damage caused by burn injuries, burn victims must also deal with expensive medical bills and loss of income. If the negligent actions of another person or company caused your injury, you have the right to hold the negligent party liable and seek damages for your losses.
The San Jose, CA burn injury lawyers at Dash Injury Law Firm are experienced in working through complex legal and insurance issues so that our clients receive the maximum compensation owed to them. We provide professional legal services for residents of San Jose, CA and the surrounding areas.
Filing a Burn Injury Lawsuit in San Jose, CA
A civil lawsuit allows burn victims to seek monetary compensation for the physical, emotional, and financial damages they have suffered. These lawsuits are generally based on the negligence, premises liability, or product liability.
A burn injury lawsuit in San Jose, CA must be filed within a certain time limit. This time limit is known as the statute of limitations, and under California law, a burn victim has two years from the date of the injury to file a lawsuit in court. Failing to file a lawsuit before the deadline expires will result in the loss of the victim’s right to recover damages. If the victim is filing a lawsuit against local, state, or federal government entities, the claim must be filed within 6 months from the date of the injury. Once filed, the government will have 45 days to respond to the claim. If the government entity rejects the claim, the victim has six month from the date rejection was mailed or personally delivered to him/her to file a lawsuit in civil court. If the victim receives no rejection letter then the victim has 2 years to file from the date of his/her injury. It is highly advisable to file the claim long before the designated deadlines.
Certain exceptions to California’s burn injury statute of limitations exist:
- Minors (under the age of 18) have two years from the date of their 18th birthday to file a lawsuit. For example, if a San Jose high school student suffered a burn injury on his 17th birthday, he would have three years to file a lawsuit.
- In some cases, courts will allow a temporary hold, or tolling, of the statute of limitations. An example would be cases where the victim was physically or mentally incapacitated.
If you are looking to file a burn injury lawsuit in California, you should speak with our San Jose, CA burn injury lawyers. Our legal team is skilled in working with California laws that relate to burn accidents.
Establishing Liability in a San Jose, CA Burn Injury Lawsuit
To receive financial compensation for your damages, our San Jose, CA burn injury lawyers will establish liability by doing the following:
- Identifying the cause of the injury and accident, as well as what safety precautions were in place if any,
- Determining if the liable party was negligent or purposely injured you, and
- Evaluating the severity of your injury and whether you will suffer long-term health issues.
Determining the liable parties in your case depends on how you were burned. For example, if you suffered a burn injury due to a defective product such as a malfunctioning smoke alarm, you may have a product liability claim. Another example would be if you suffered a burn from a chemical at work. In this case, you may have a claim against the company that manufactures the chemical or your employer.
What is Your Burn Injury Lawsuit in San Jose, CA Worth?
The circumstances of the accident, the severity of the injury, and insurance limits are key factors in determining a lawsuit’s value. Other elements include:
- Past and future medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Loss of consortium (spouse's companionship)
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.