Helped Clients Recover Over $25 Billion. Since 1979.

Helped Clients Recover Over $25 Billion. Since 1979.

Burn Injuries

Burn Injuries are life-altering. They can cause devastating physical and emotional trauma. From prolonged hospital stays to permanent disfigurement, the impact can touch every part of a person’s life. The Schenk Law Firm helps burn victims hold negligent parties accountable—and secure the financial support needed to heal, rebuild, and move forward.

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Why Choose The  Schenk Law Firm?

At The Schenk Law Firm, we bring the experience, resources, and determination needed to handle complex burn injury litigation. We do not just process claims—we build strong cases designed to hold negligent parties accountable.

Our commitment to burn survivors goes beyond the courtroom. Benjamin Schenk serves on the Board of Directors for the Burn Institute, a leading nonprofit dedicated to fire prevention and burn survivor support across San Diego and Imperial Counties. This work keeps us connected to the medical, rehabilitation, and advocacy communities—and reinforces our mission to serve burn victims with care, diligence, and purpose.

Located in San Diego, we serve clients throughout Southern California, and are familiar with local fire codes, building safety laws, and state regulations that often play a central role in these cases.

Whether your injury occurred in a private home, rental property, nursing facility, or workplace, our legal team will work tirelessly to secure the justice you deserve.

Relentless Advocacy: We are unwavering in our commitment to securing justice for our clients. Burn injury cases often have life-altering consequences, and we are relentless in our pursuit of obtaining the maximum compensation available. We prioritize your recovery and future well-being, fighting tirelessly to protect your rights and interests and secure the resources you need to recover for your losses.

No Upfront Fees: We recognize that the aftermath of a brain injury can be financially draining. Financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Common Causes of Burn Injuries

Our San Diego burn injury attorneys represent individuals harmed in a wide range of preventable incidents, including:

  • Residential fires caused by landlord negligence or faulty wiring
  • Scalding injuries in nursing homes or assisted living facilities
  • Workplace explosions or chemical burns due to safety violations
  • Motor vehicle accidents that result in fuel fires or battery explosions
  • Defective products, such as malfunctioning e-bikes, appliances, or lithium-ion batteries
  • Electrical burns from exposed wiring or unsafe construction sites
 

Whether the injury occurred at home, at work, or in a care facility, we conduct a full investigation to identify who is responsible—and why it happened.

Steps to Take After a Burn Injury

Taking the right steps after a burn injury can significantly impact the outcome of your case:

Seek Immediate Medical Attention: Your first priority should be to seek immediate medical treatment—severe burns can become life-threatening or lead to long-term complications if not treated properly. In San Diego, specialized care is available at UC San Diego Health’s Regional Burn Center, one of the top facilities in Southern California.

Follow Medical Advice: Adhere to all medical advice and treatment plans. Keep detailed records of your medical visits, treatments, and any symptoms you experience. This documentation will be critical for your case.

Document the Incident: Record the details of the incident that led to the burn injury, including the location, time, and any contributing factors. If possible, take photos or videos of the scene and gather contact information from witnesses.

Avoid Discussing the Incident: Refrain from discussing the incident with insurance companies or other parties involved without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.

Keep Records of All Expenses: Maintain detailed records of all expenses related to the injury, including medical bills, lost wages, and any other costs. These records will be essential for calculating the compensation to which you are entitled.

Contact The Schenk Law Firm: Promptly reach out to our experienced brain injury attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Compensation for Burn Injury Victims

Victims of burn injuries face significant challenges, and securing appropriate compensation is crucial to ensure they receive the care and support they need. Schenk Law understands the profound impact a brain injury can have on both victims and their families, and we are committed to helping you obtain the full range of compensation to which you are entitled.

The types of compensation available to burn injury victims include:

Medical Expenses: Coverage for immediate and ongoing medical care related to burns, including emergency treatment, debridement, hospitalization in burn units, wound care, multiple skin graft surgeries, and follow-up treatments. It also includes specialized care such as infection prevention, reconstructive surgery, and burn-specific physical therapy. Future costs for medical equipment (e.g., compression garments) and home health aides should also be considered.

Lost Wages: Compensation for income lost during hospitalization and recovery, including missed work during outpatient treatments, surgeries, and therapy appointments. It also covers loss of future earnings if your burns prevent you from returning to your previous job, reduce your hours, or require you to switch to a lower-paying occupation due to physical limitations or disfigurement.

Pain and Suffering: Compensation for the severe physical pain associated with burn injuries, as well as the emotional trauma they cause. This includes psychological suffering from disfigurement, social isolation, post-traumatic stress, anxiety, depression, and the overall loss of enjoyment of life.

Long-Term Care Costs: Many burn survivors require extended care, particularly those with deep burns, mobility impairments, or complications such as contractures. Compensation can include in-home nursing, assisted living, ongoing rehabilitation, wound management, and specialized services needed for long-term health and hygiene.

Loss of Quality of Life: Burn injuries often impair a person’s ability to engage in previously enjoyed activities—whether it’s playing with their children, exercising, or simply going out in public. This category covers the impact of losing independence, dealing with permanent visible scars, and facing social or emotional withdrawal.

Loss of Consortium: In serious burn cases, spouses or close family members may experience a loss of companionship, affection, and shared intimacy due to physical limitations or emotional withdrawal. This damage accounts for how the injury affects family relationships.

Future Medical and Life Care Planning: Many burn injuries require lifelong treatment and monitoring. Compensation can include projected costs for future surgeries (such as scar revision), ongoing wound care, psychiatric treatment, and adaptive planning for housing or transportation needs due to permanent disability.

Rehabilitation and Therapy Costs: Burn rehabilitation often involves a combination of physical therapy to rebuild strength and mobility, occupational therapy to relearn essential tasks, and psychological therapy to address trauma and body image issues. Scar management and pain reduction treatments may also be necessary for years after the injury.

Educational and Vocational Training: If burn injuries prevent you from resuming your prior career, you may be entitled to compensation for vocational rehabilitation, job retraining, or educational programs that prepare you for a new line of work compatible with your physical capabilities and needs.

Home Modifications and Assistive Devices: Burn injuries can lead to mobility challenges or physical limitations. Compensation may cover the cost of modifying your home with wheelchair ramps, walk-in tubs, widened doorways, or accessible countertops—as well as assistive technology like voice-activated devices or custom prosthetics.

Punitive Damages: In rare but severe cases where the responsible party acted with extreme recklessness—such as knowingly violating fire codes or manufacturing a dangerously defective product—punitive damages may be awarded to punish the wrongdoer and deter future misconduct.

Types and Degrees of Burns

Burn injuries are classified by their depth and severity:

  • First-degree burns affect only the top layer of skin, causing redness and mild pain.
  • Second-degree burns reach deeper skin layers and may cause blistering, swelling, and scarring.
  • Third-degree burns destroy all layers of skin and can damage nerves, muscle, and underlying tissue.
  • Fourth-degree burns extend to bone or internal organs and are often life-threatening.
 

Even a seemingly “minor” burn can result in infection, nerve damage, or long-term scarring—especially if not treated properly. All burns deserve serious legal and medical attention.

Proving Negligence in a California Burn Injury Lawsuit

Proving negligence is the foundation of any successful burn injury case. At The Schenk Law Firm LLP, we understand how crucial it is to demonstrate that another party’s carelessness caused your injury. This means establishing the four key elements of negligence:

  1. Duty of care;
  2. Breach of that duty;
  3. Causation; and
  4. Damages.
 

Whether it’s unsafe properties, workplace hazards, or defective products, our experienced burn injury lawyers specialize in uncovering and presenting the evidence needed to secure maximum compensation for our clients.

Strong Evidence is the Key to Proving a Burn Injury Claim

Proving the cause and impact of a burn injury requires more than just telling your story—it demands powerful evidence. Detailed medical records, photographs documenting the injury’s progression, expert testimony, and witness statements are often the deciding factors between a denied claim and full compensation.

At The Schenk Law Firm LLP, we know how to uncover and present the evidence that matters most. Our team works quickly to preserve critical proof, consults top medical and forensic experts, and builds compelling cases that hold negligent parties accountable. With our experience and resources, we position you to secure the maximum recovery you deserve.

Do not wait—evidence fades, and delays can jeopardize your case.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a wrongful death claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve.

The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to skillfully calculate the full value of your claim and ensure that you only accept a settlement that fairly compensates you for your loss and the impact on your family.

FAQs

What should I do after suffering a burn injury in San Diego?

Your first priority should be to seek immediate medical treatment—severe burns can become life-threatening or lead to long-term complications if not treated properly. In San Diego, specialized care is available at UC San Diego Health’s Regional Burn Center, one of the top facilities in Southern California.

After receiving care:

  • Take photos of the injury and the scene where it occurred
  • Gather names and contact info for witnesses
  • Save any evidence, including damaged clothing or defective products
  • Contact a personal injury attorney familiar with burn injury cases in California
Why should I choose The Schenk Law Firm for my burn injury case?

The Schenk Law Firm understands the unique challenges that burn injury survivors face—from complex medical treatment and painful recovery to lasting scars and emotional trauma. We have experience handling severe burn cases and work with top medical experts, life care planners, and burn specialists to ensure every aspect of your injury is documented and valued. Whether your burn resulted from a residential fire, workplace accident, or nursing home negligence, we’re prepared to hold the responsible parties accountable. We offer compassionate, results-driven representation focused on helping you rebuild your life.

What types of compensation can I recover in a burn injury case?

California law allows burn injury victims to recover compensation for:

  • Medical bills (including surgeries, rehab, and long-term care)
  • Pain and suffering
  • Scarring and disfigurement
  • Emotional distress
  • Lost income and future earning capacity
  • Loss of enjoyment of life

In cases of extreme negligence, punitive damages may also be awarded.

What is the timeframe for filing a burn injury lawsuit?

Time limits vary by state, but in California, you have a limited period to file. Contact us promptly to ensure your claim is filed on time.

Do I need to pay legal fees upfront?

No, we work on a contingency fee basis, meaning you only pay if we recover compensation for you.

How does The Schenk Law Firm handle insurance companies?

We manage all negotiations with insurance companies, ensuring you receive a fair settlement while you focus on recovery.

Who can be held responsible for a burn injury?

Burn injuries can be caused by a wide range of negligent actions. In San Diego, common liable parties include:

  • Landlords who fail to maintain safe premises or hot water systems
  • Employers who ignore Cal/OSHA regulations
  • Nursing homes or assisted living facilities that allow residents to suffer scalds or thermal injuries
  • Manufacturers of defective electronics, appliances, or batteries
  • Drivers responsible for collisions that lead to explosions or chemical burns

Identifying the responsible party requires a thorough investigation—something our firm handles from day one.

What if my burn injury happened at work in San Diego?

If your burn occurred on the job—say in a restaurant kitchen, on a construction site, or in a healthcare setting—you may be covered by California workers’ compensation. However, you may also have a third-party claim if someone other than your employer (like a contractor, equipment manufacturer, or building owner) contributed to your injury. We can help evaluate both paths.

Does The Schenk Law Firm handle burn injuries in San Diego nursing homes or assisted living facilities?

Yes. We represent older adults and dependent individuals who were burned in licensed care facilities in San Diego. These cases often involve:

  • Scalding from overly hot bath water
  • Burns from spilled food or drinks
  • Exposure to heating devices or faulty equipment
  • Lack of supervision around stovetops or electrical outlets

We pursue claims under California’s Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), which provides enhanced remedies when facilities neglect or abuse their residents.

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