Posted on: Mar 17, 2020

burn injury lawsuit

If you have suffered a burn injury, your settlement amount depends on a number of factors.

These factors include:

  • How the accident happened, 
  • The severity of the burn injury, and 
  • Who caused the burn. 

Severe pain, permanent scarring, and disfigurement will likely increase your settlement amount.

Additionally, it is important to understand that you will most likely need to establish the elements of negligence to have a successful claim. 

If you have suffered a severe burn injury, you should contact the personal injury lawyers at Harris Law Firm as soon as possible. A personal injury lawyer will advise you as to whether you have a claim. If you do, a lawyer can help you prove your claim and get you the compensation you deserve.

What Are Some Common Causes of Burn Injuries?

Some of the most common causes of burn injuries include:

If you suffered your burn injury at work while performing a work-related task, your injury may qualify as a worker’s compensation claim. Your employer’s worker’s compensation policy will cover your medical expenses and lost wages during your recovery.

If you suffered a burn injury under any of these circumstances, you should contact a personal injury lawyer today.

Is My Burn Severe Enough to Have a Claim?

You probably have a burn injury claim if your burn was so severe that it caused you substantial injury, you incurred medical expenses, and you had to take time off from work to recover. However, you probably do not have a burn injury claim if your injuries were not severe and you treated your burn on your own. 

Generally, the higher the degree of burn, the more likely it is that you have a burn injury lawsuit.

For example, first-degree burns are mild burns that can be treated with over-the-counter products and usually heal within a few days. These burns typically are not actionable because they are not severe enough.

However, second- and third-degree burns are actionable. Both require immediate medical attention and involve severe pain, blistering, penetration and destruction of skin, and sometimes disfigurement. If you believe you suffered a second- or third-degree burn, you should contact a personal injury lawyer today.

How Much Compensation Can I Recover? 

Victims in burn injury lawsuits are compensated for both physical and emotional pain. Compensation for physical pain covers the actual physical injuries caused by a burn. Compensation for emotional pain covers the effects of permanent disfigurement, such as embarrassment and depression.

Additionally, victims in burn injury lawsuits are compensated for economic damages such as medical bills and lost wages. 

For example, a person with a severely burned face will receive a higher damages award than someone with a scar on their back or stomach.

Can I Recover Punitive Damages?

In burn injury lawsuits, punitive damages are available when the defendant acted with gross negligence. Gross negligence occurs when the defendant acted intentionally or with extreme negligence.

It can be hard to predict when punitive damages will apply. However, a settlement amount that includes punitive damages will be higher than the average settlement amount.

When Can I File a Wrongful Death Claim from Burn Injuries?

When someone dies from extremely severe burn injuries, the estate’s personal representative or close family members may be able to file a wrongful death claim. 

There are two possible types of wrongful death claims:

  1. A claim on behalf of the estate, based on the decedent’s damages; and 
  2. A claim on behalf of loved ones, to recover for the losses the loved ones personally suffered.

A claim filed on behalf of family members is usually based on a loss of consortium or companionship, and/or a loss of financial support, and may include punitive damages.

How Can a Personal Injury Lawyer Help with My Burn Injury Claim?

A personal injury lawyer can help you file your claim and seek compensation for your burn injury. If possible, the attorneys at Harris Law Firm will help you establish the elements of your claim and fight to get you the compensation you deserve. Contact us today to schedule your free consultation.

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