You have two years to file your lawsuit for burn injuries in California but that might be more or less depending upon the circumstances of your accident and form of your lawsuit.
When Must You File A Burn Injury Claim In California?
California gives victims of personal injuries 2 years to file their cases. This means that if someone harms you and you sustain a serious burn, you only have 2 years to decide to sue. Considering that it takes a long time to consider if you want to actually bring a lawsuit in the first place, this is not that long. Now, the 2-year window does not begin until you realize you have a case but it still takes a lot of work to get a suit ready regardless of when the clock starts. Therefore, it is critically important that you seek counsel immediately after an accident that burns you so that he or she can protect your future recovery should you decide to file an action. Talk to a lawyer for the determination of how the law applies to your circumstance.
Why Does California Limit Your Right To File Burn Injury Claims?
Statutes of limitations are complicated and frustrating laws. Not many people know about them and not many of those who do even understand them. Why did California enact them? They want to motivate you to file faster because the legislature thinks it’s cheaper and easier to try fresher cases rather than older ones. Of course, many victims see this as unfair because it leaves a lot of them on the outside of the courthouse looking in. However, the courts have other ways of limiting your right to recover. For instance, if you were in any way responsible for the incident that caused your burns, then your compensation will be lowered accordingly or completely if your role was more than 50%. Also, if the defendant can point to some act of God or third party, then the court similarly quash your ability to recover. Finally, if you don’t compile all of the necessary statutory items into your complaint, the court can dismiss your suit as legally insufficient. There are other ways in which California courts and defendants can limit your right to file and recover for burn injuries but these are some of the most frequent ones.
What Do I Need To Do Before I File A Claim For Burn Injuries?
There are a number of things that you need to do in order to successfully file a suit for burn injuries in California. Completing these tasks promptly will ensure that your case is filed on time. Here is a review of some of them:
- Tally all of your receipts from the incident including medical, travel, and other expenses.
- Submit a lost wages form to your employer.
- Conduct an exhaustive investigation into the causes and circumstances of your burn injuries.
- Research whatever cases and statutes support your right to recovery
- Gather the identities and information of the people or entities that caused your harms.
Obviously, there will be other things that you need to accomplish prior to submitting your claim for damages. But these are the best place to start to guarantee that your claim isn’t late and kicked out of court by the relevant statute of limitations.
Call Our Offices To Make Sure That Your Burn Injury Case Is Filed On Time!
Tragically, many personal injury victims in California don’t get to pursue recovery because the statutes of limitations bar them from court. This is a purely procedural hurdle that should not keep you out and with proper legal counsel normally will not keep you out. However, we cannot help you until you contact us. So call the Jimmie Kang Law Firm today and work with us to make sure that your claims are filed on time.
- Propane Explosion
- Tanker Truck Explosion
- Hot Water Tank Explosion
- Combustible Dust Explosion
- Chemical Exposure Burns
- Natural Gas Explosion
- Firework Accidents
- First Degree Burn
- Second Degree Burn
- Third Degree Burn
- Steam Burns
- Burn Treatment
- Pain Related to Burns
- Burn Accidents FAQs
- Workers Compensation
- Construction Accidents
- Factory Explosion
- Auto Accidents
- Wrongful Death
For additional information see the following pages:
- How Long do I Have to File a Burn Injury Lawsuit in California?
- What Compensation can I Legally Recover for my Burn Injuries?
- Who can I Sue in a Burn Injury Lawsuit?
- What Legal Theories can be Used To Recover Compensation for Burn Injuries?
- What Type of Financial Compensation Have Other Burn Injury Victims Recovered?