How Is Compensation Determined in Burn Injury Claim?

You can’t put a price on a burn injury, but the money you receive from a settlement can go a long way towards helping you heal. If you are injured, how does the court come up with a number to award you? Well, the biggest factors considered in a burn injury claim include the severity of the burn, the costs of medical bills, where and how the injury occurred, punitive damages and pain and suffering. Continue reading to find out more about how these factors affect the value of your claim.

1. Burn Severity

The more severe a burn is, the higher the compensation is likely to be, and rightfully so. If you have second- or third-degree burns, insurance companies will generally consider a higher dollar value on your claim. However, if you have first-degree burns, but they cover a significant surface area of your body, the value of your case may be worth more than a third-degree burn on just your left hand, for example.

2. Costs of Treatment and Recovery

If your burn injury results in expensive medical bills, future care, extensive rehabilitation and substantial loss of income, these costs are taken into consideration when calculating the settlement value.

3. Accident Occurrence

Where and how your burn injury occurred will also be considered, seeing as the level of the defendant’s responsibility will impact a jury’s award decision. A settlement from a non-preventable injury is likely to be lower than a settlement from an injury caused by someone else’s negligence. For example, you can typically recover more money from a personal injury lawsuit than a workers’ compensation claim.

4. Punitive Damages

While they are rare, punitive damages may be awarded in particularly egregious cases. If your burns are severe enough, the court may decide to punish the defendant and award you as a result. In California, the cap on punitive damages is $350,000.

5. Pain and Suffering

Aside from physical damage, burns can wreak havoc on your mental health. If your burns result in disfigurement, which then leads to long-term psychological and mental stress, you may receive a more substantial settlement. Records from your therapist or doctor can help provide the evidence you need for this kind of reward.

If you have been injured due to someone else’s negligence, please contact our Orange County personal injury lawyers at Law Office of Marshall Silberberg. We take all cases on a contingency fee basis, meaning you don’t owe any legal fees unless we recover compensation for you!

Call (949) 565-4281 or contact us online today for a free consultation.

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