By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
Why the medical timeline comes first
The value of a burn claim depends on the final result: how the grafts held, whether contractures formed, whether more surgery is coming. After a skin graft, MedlinePlus says patients wear a dressing for one to two weeks and protect the graft for three to four weeks (MedlinePlus). The scar keeps changing for many months after that. Settling before a surgeon can say what the scar will need means guessing at the biggest part of the claim. Our FAQ on skin graft claim value explains the graft side.
Court time rules
| Rule | What it says |
|---|---|
| California, Standard of Judicial Administration 2.2 | Courts should resolve 75% of unlimited civil cases within 12 months of filing, 85% within 18 months and 100% within 24 months. These are goals, not deadlines for individual cases |
| California, CCP § 583.310 | A case must be brought to trial within five years after it is commenced |
| California, CCP § 36 | A party over 70 can get trial preference if the court finds a substantial interest and health that makes it necessary; a party under 14 in an injury case is entitled to preference; once granted, trial is set within 120 days |
| Texas, Rule of Judicial Administration 6.1 | Civil jury cases within 18 months of the appearance date; nonjury cases within 12 months |
The California preference rule matters most for older adults scalded in care facilities and for burned children. Our nursing home scalds page covers those cases.
How long reported burn cases took
These are other lawyers’ cases from public reporting, measured from the burn to the jury verdict. They are not Beverly Law results.
| Case | Burn | Verdict | Elapsed |
|---|---|---|---|
| Liebeck v. McDonald’s | 1992 (Tort Museum) | Aug. 18, 1994 (NPR) | About 2 years |
| Monita v. Bill Miller Bar-B-Q, Bexar County, Texas | May 2023 (Dallas Morning News) | Jan. 2025 (KSAT) | About 20 months |
| Mogavero v. Starbucks, Florida | 2014 | May 2017 (ABA Journal) | About 3 years |
| McNugget case, Broward County, Florida | 2019 | Liability May 2023, damages July 2023 (AP) | About 4 years |
| Garcia v. Starbucks, Los Angeles | Feb. 8, 2020 (AP) | March 14, 2025 (ABC7) | About 5 years |
A verdict is not always the end. In Garcia, the jury’s March 2025 verdict was followed by post-trial motions, which the judge denied on June 4, 2025 (Courthouse News). Starbucks had said it would appeal, but the case settled later that month and was dismissed in July 2025, more than five years after it was filed in March 2020; the terms were not made public (LASC case summary).
Free burn injury case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
The deadline still runs while you heal
Waiting for scars to mature does not pause the deadline to sue: two years in California (CCP § 335.1) and Texas (CPRC § 16.003), three years in Washington (RCW 4.16.080). Claims against a government agency have much shorter first steps. See our FAQ on the burn statute of limitations.
What this means for your case
Plan on treatment taking the first year, with the legal case moving at the same time. Evidence such as video and the cup or product has to be preserved in the first days, and the lawsuit may need to be filed before your final surgeries so the deadline is not missed. A fast settlement usually means a settlement made before anyone knows the full cost, which our FAQ on burn injury settlement amounts discusses. More on the process is on our burn injury lawyer page.
Talk to a burn injury lawyer
Beverly Law handles burn cases in California and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Call (310) 552-6959. You owe no fees or costs unless we win.
Common questions
Can a burn case settle in a few months?
Minor burns sometimes do. Burns with grafts rarely should, because scars may take 12 to 18 months to mature.
Does going to trial add years?
It can. Garcia took about five years from the burn to the verdict, followed by post-trial motions.
Can an older burn victim get a faster trial in California?
Possibly. A party over 70 can ask for preference under CCP § 36, and if the court grants it, trial is set within 120 days.
Does the deadline pause while I am in treatment?
Not for adults. The two-year (California, Texas) or three-year (Washington) clock keeps running. Children’s deadlines follow different rules.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Burn Injury Lawyer · Burn injury questions
Sources
- MSKTC (NIDILRR Burn Model System), Scar Management After Burn Injury (scarring peaks around 6 months, may mature in 12-1 (msktc.org)
- MedlinePlus, Skin graft (graft dressing 1-2 weeks; protect 3-4 weeks) (medlineplus.gov)
- California Standards of Judicial Administration, std. 2.2(f) (unlimited civil: 75% in 12 months, 85% in 18, 100% in 24, (courts.ca.gov)
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_civ_proc_code_section_583.310
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_civ_proc_code_section_36
- Texas Rules of Judicial Administration, rule 6.1 (civil jury cases within 18 months of appearance date; nonjury 12 month (txcourts.gov)
- American Museum of Tort Law, Liebeck (burned 1992) (tortmuseum.org)
- NPR via Connecticut Public (Liebeck verdict Aug. 18, 1994) (ctpublic.org)
- ABA Journal, May 22, 2017 (Mogavero spill 2014, verdict May 2017) (abajournal.com)
- AP via Claims Journal, July 21, 2023 (McNugget burn 2019; liability verdict May 2023; damages July 2023) (claimsjournal.com)
- Dallas Morning News, Jan. 20, 2025 (Bill Miller incident May 2023) (dallasnews.com)
- KSAT, Jan. 17, 2025 (Bill Miller verdict) (ksat.com)
- AP via Claims Journal, March 17, 2025 (Garcia burned Feb. 8, 2020) (amp.claimsjournal.com)
- ABC7 Los Angeles, March 15, 2025 (Garcia verdict March 14, 2025) (abc7.com)
- Courthouse News Service, June 4, 2025 (Garcia post-trial motions denied; Starbucks "considering our next steps") (courthousenews.com)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- Los Angeles Superior Court, case summary for Garcia v. Starbucks, No. 20STCV10214 (post-trial motions denied June 4, 202 (cap.lacourt.ca.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.