What Is a Fair Settlement for a Burn Injury Lawsuit?
Burns can devastate lives in ways that are both physical, emotional, and financial. Burn injury victims must know what a fair settlement in a burn injury lawsuit means.
What are Burn Injuries?
Burns are injuries to the skin and underlying tissues harmed by heat, chemicals, electricity or radiation. First-degree burns are burns to the outer layer of skin, and fourth-degree burns are burns to muscles and bones.
Life after a burn injury is painful and can be life-altering, requiring extensive medical care, rehabilitation, and even permanent lifestyle changes. By choosing a personal injury lawyer to work on your case, you know you have a professional advocate who knows how to get through the complexities of burn injury claims. An experienced lawyer knows how to litigate liability, the amount of damages, and the compensation you deserve.
What Factors Affect Your Settlement
Several critical factors heavily influence how much you might get in a burn injury settlement. Let’s look at these in detail.
Severity of the Burn
A significant factor in the settlement amount you receive is the extent and severity of your burn injury. First-degree burns, which are superficial and typically heal without long-term complications, might reach lower settlements below $10,000. Second-degree burns that damage more profound layers of the skin, however, do increase the payout significantly, with settlements ranging from $25,000 to $75,000.
Catastrophic burns are third and fourth-degree—often requiring surgeries, prolonged hospital stays and skin grafts. These injuries are so severe that settlements can run from $100,000 to several million dollars, depending on such complications as infection, scarring, and loss of mobility.
Medical Expenses
Medical bills are a staple of any burn injury settlement. They include initial emergency care, surgeries, rehabilitation, and ongoing treatments such as physical therapy or mental health counseling. Complications or reconstructive procedures can lead to recurring medical expenses for burn victims, many of whom must be compensated for these expenses in a fair settlement. These expenses must be adequately compensated, and comprehensive documentation is required.
Lost Wages
Burn injuries typically interfere with your ability to work temporarily or permanently. Rather than just looking at the wages you miss while recovering, settlements also consider future wages you might lose if you can’t return to your old job. To calculate lost wages, you must consider the salary, benefits, and the long-term effect on your career. The settlement should be for the lifetime economic loss if your injury has left you permanently unable to work.
Pain and Suffering
Physical pain from burns is immense, and so is the emotional trauma. This non-economic damage is assigned a value in courts and insurance adjusters based on the pain, the psychological toll, and how much your injury has impacted your life. This part is hard to quantify, but it often makes up a big part of a burn injury settlement.
Liability
The settlement amount is heavily dependent on liability. You must prove that another party’s negligence caused your injury to recover. Your claim is strengthened by substantial evidence, such as witness statements, expert opinions, or accident reports. However, under comparative negligence laws, your compensation may be reduced if you share partial responsibility for the incident.
The amount of a burn injury lawsuit settlement depends on factors such as injury severity, medical expense, and liability. The best way to get the compensation you need to rebuild your life is by partnering with an experienced personal injury lawyer.
