How Much is a Burn Injury Case Worth?

Settlement Value of a Burn Injury Claim

As with most personal injury lawsuits, your lawyer for burn injuries can only make an estimate as to how much compensation you’ll get. It’s difficult to know for sure if you haven’t reached the final stages of your settlement. While they can’t promise you a number, your injury attorney can work out an estimate based on a few factors, including:
  • The severity or degree of burns you sustained
  • The intentions of the person who caused your injuries
  • How much the defendant in your burn lawsuit can realistically pay
Burn injury lawsuits tend to end up with higher settlements when the burns are severe, such as third degree, and life changing, such as limiting the time you can spend outdoors or confining you to only long sleeve shirts. Your burn injury lawsuit will depend on how many damages you and your lawyer can prove that you have suffered at the doing of the defendant. The different damages you can claim in a burn injury are explained below.

Damages in a Burn Injury Lawsuit

Damages are the ways you claim that your injuries have affected you, and your attorney will help you list them out and prove each one. The most common damages in a burn injury lawsuit are:
  • Medical costs: Any emergency room bills and follow-up visits with a specialist are almost always covered.
  • Pain and suffering: The negative impact the accident had on your life results in additional financial compensation.
  • Mental anguish: Any mental anguish like depression or PTSD is grounds for your burn injury lawyer to demand more compensation.
  • Punitive damages: Punitive damages are additional compensation that defendants must pay in situations where they showed gross negligence or intentionally hurt the plaintiff.
  • Lost wages and lost earning capacity: If you have to change careers or had to take time off work to recover, you can make sure this loss of income is compensated.
  • Attorney fees: In some cases, the defendant has to pay your attorney’s fees!

The Context of the Accident

The context of your burn injury can also affect the settlement. Burns can occur in many ways, whether you weren’t paying attention while cooking or if you were injured becuase of a faulty product or poorly maintained property.

If you are a customer on someone’s property, you are owed the highest duty of care by the business. This means serving beverages at a safe temperature and making sure that live wires and other fire hazards are labelled on a premises. If you were a guest, customer, or invitee, then you will likely receive more money than someone who wasn’t.

Burn injury lawsuits also cover intentional acts, and being the victim of arson will likely drive up the value of your suit. In situations where you sustained burns because someone chose to set an area on fire, their intentional act will likely result in you being paid punitive damages.

Burns can also occur in workplace injuries where an employee is not given property training or safety equipment. Common cases where burn victims sue their workplaces include industrial jobs like construction and warehouse workers and restaurant jobs. In this case, their employer is the negligent party and the focus of their lawsuit. If the burns were preventable by the employer’s actions, then the settlement will be higher than if the employee did not follow proper protocol.

Settlement vs Trial 

Most personal injury lawsuits don’t ever go to trial because both sides can reach an agreement on the amount of financial compensation that should be paid by the defense.

Settlements are generally more popular since they cost less overall because both parties are saved court fees and additional attorney fees. Settlements provide a more casual space for a compromise rather than being stuck within the bounds of a trial, and because of this, many find settling out of court to be less stressful.

For some of our injury clients, trials can be cathartic and they appreciate their defendent being publicly labelled as in the wrong.

Contacting an Attorney

If someone’s negligence or intentional acts resulted in an injury, don’t hesitate to contact our Newport Beach personal injury law firm. We can help you with your lawsuit from start to finish so that your settlement covers everything it needs to.

We charge our attorneys fees on a contingency fee basis, meaning that if we don’t win your lawsuit, you don’t pay anything out of pocket. If you think you have a case for compensation, contact us to set up a free case evaluation.