Attorney Michael Rehm — (800) 978-0754

Serious burn injuries are among the most painful and medically complex outcomes of an accident. They require immediate emergency treatment, repeated surgical procedures including skin grafting, prolonged hospitalization, and years of reconstructive care. The visible scarring and functional impairment they leave behind affect how a person moves through the world for the rest of their life. Burn injury damages cases must account for all of it — the past treatment already received, the future care still required, the lost earnings during a recovery measured in months or years, and the noneconomic consequences of disfigurement and permanent functional loss.

Attorney Michael Rehm handles burn injury cases throughout Oakland and Alameda County arising from traffic crashes, vehicle fires, premises hazards, and defective products.

Burn Injury Classification and Medical Treatment

Burns are classified by depth. First-degree burns affect the outer layer of skin only and heal without scarring. Second-degree burns affect the outer and underlying layer, produce blisters and significant pain, and may scar. Third-degree burns destroy all layers of skin and may damage underlying tissue; they require skin grafting and leave permanent scarring. Fourth-degree burns extend to muscle and bone.

The extent of a burn is measured by the percentage of total body surface area (TBSA) affected, using the Rule of Nines or the Lund-Browder chart for more precise assessment. A burn covering more than 20% of TBSA in an adult is generally considered major and requires treatment at a specialized burn center. Inhalation injury — damage to the airway and lungs from inhaling smoke or hot gases — significantly worsens prognosis and may require mechanical ventilation.

Acute treatment includes wound care, fluid resuscitation, pain management, and surgical debridement and skin grafting. Reconstruction may involve multiple procedures over months or years. Burn rehabilitation addresses scar management, contracture prevention, and restoration of range of motion in affected joints. Long-term psychological effects — PTSD, depression, body image concerns — are common and require separate treatment.

Legal Framework and Damages

A burn injury case requires proof of the standard negligence elements: duty, breach, causation, and damages. Civil Code § 1714. When a vehicle fire causes burn injuries, the potential defendants include the at-fault driver who caused the collision, the vehicle manufacturer if a design or manufacturing defect caused or contributed to the fire, and potentially the fuel system component manufacturer under products liability theories. CACI 1200 et seq. address strict products liability.

Economic damages include past medical expenses limited to amounts paid or owed under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, future reconstructive and rehabilitative care costs, lost earnings during treatment and recovery, and diminished future earning capacity if functional limitations persist. Civil Code § 3333. A life care plan is essential in serious burn cases to project the full scope of future treatment and support costs.

Noneconomic damages — pain and suffering, disfigurement, loss of enjoyment of life — are often the largest component of a serious burn injury verdict. CACI 3905A. California does not cap noneconomic damages in personal injury cases outside the medical malpractice context. The visible, permanent nature of scarring and disfigurement, and the pain associated with burn treatment and scar management, are significant components of the noneconomic damages case.

California's pure comparative fault rule applies. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. The statute of limitations is two years from the date of injury. Code of Civil Procedure § 335.1.

Government Entity Claims

When a burn injury results from a collision involving a government vehicle, or from a premises hazard on government-owned property, the six-month government claims deadline under Government Code § 911.2 applies regardless of the severity of the injuries.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Catastrophic Injury Attorney
• Oakland Brain Injury Attorney
• Oakland Spinal Cord Injury Attorney
• Oakland Wrongful Death Attorney

Attorney Michael Rehm handles burn injury cases throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.