Catastrophic Injury · Burns
California Burn Injury Attorney
Civil trial representation for burn injury survivors and families. Burns are among the most painful and disfiguring injuries; the legal and medical preparation reflects that.
Long medical timelines, complex causation, and significant damages.
Categories of burn injury
Burns are typically classified by depth (first-degree through fourth-degree) and by total body surface area (TBSA) affected. The American Burn Association classifies burns into minor, moderate, and major based on depth, TBSA, and location (face, hands, feet, perineum, and joints are higher-acuity). Severe burns (typically >20% TBSA in adults, or burns to high-risk areas) require treatment at specialized burn centers and typically involve months of acute care, multiple surgeries, and years of reconstructive procedures.
Common causes we see
- Industrial accidents — chemical exposure, hot fluid release, equipment failure
- Vehicle accidents — fuel-related fires, collision-induced burns
- Electrical injuries — arc flash, contact burns, lightning-related
- Premises liability — defective heating, hot water systems, gas leaks
- Product liability — defective consumer products that catch fire or contain dangerous chemicals
- Construction worksite incidents
Why burn cases require specialized preparation
Burn cases have unusually long medical timelines — initial acute care, multiple grafting surgeries, and years of reconstructive procedures. Damages calculations must account for: completed and projected medical expenses, lost earnings during recovery, lost earning capacity if functional impairment is permanent, scarring and disfigurement (often a substantial element), psychological impact (PTSD, depression, social withdrawal), and loss of consortium for spouses. Causation analysis can be complex when accelerants, equipment failure, or product defects are involved.
Applicable California law
California negligence (Cal. Civ. Code § 1714); product liability for defective products that caused or contributed to the burn; premises liability where the property owner's negligence caused the injury (Rowland v. Christian); and wrongful death where the burn is fatal (Cal. Code Civ. Proc. § 377.60). The two-year personal injury statute of limitations (Cal. Code Civ. Proc. § 335.1) applies. Punitive damages may be available where conduct was malicious, oppressive, or fraudulent (Cal. Civ. Code § 3294).
Common Questions
How is a burn case valued?
Valuation depends on burn depth, TBSA, location (face, hands, and joints elevate value), age, scarring, functional impairment, treatment timeline, and applicable insurance limits. Severe burn cases commonly support substantial damages presentations because medical timelines are long and disfigurement is a major element.
My burn was at work. Can I still sue?
We do not handle workers' compensation claims directly. We do handle work-related third-party civil claims — for example, where a non-employer party (an equipment manufacturer, a contractor, a chemical supplier) caused the burn. These third-party cases can produce significantly larger recoveries than workers' comp alone.
How long do burn cases take to resolve?
Treatment timelines often extend 1–3 years or longer. Settlement before treatment is largely complete is rare and usually inadvisable, because future damages cannot be accurately calculated until medical recovery has plateaued. Plan on 2–4 years for most matters.
What if the burn happened from a defective product?
Product liability adds another layer of legal complexity. We work with engineering and product-safety experts to evaluate manufacturing defects, design defects, and failure-to-warn theories. These cases often involve significant manufacturer defendants with substantial insurance and resources.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.