How to Calculate Burn Injury Settlement Amounts

There are six degrees of burn injuries. First degree burns are the most mild of the degrees of burns and generally involve minor redness to the skin. There may not be treatment required for a first degree burn, other than bandaging and ointments. Fifth and sixth degree burns are fatal in almost every case. The burn goes straight through to the bone and, in the very rare event that any sort of treatment is possible, it usually involves amputation.

For the degrees in between, required treatment can range from fluids and antibiotics to skin grafts over the burned area. With such a wide range of burns, the impact on your life is going to depend on what type of burn you suffer from. If you suffer from burns at the hands of someone else, you might be able to be compensated for it through a lawsuit or a burn injury settlement amount. 

Burn Injury Liability

A burn injury liability can arise through negligence or intentional wrongful acts. For example, you may suffer a burn injury as a result of a defective product, a car accident, medical malpractice or someone burning you intentionally. When someone causes you to suffer a burn as a result of negligence or intentionally, provided you can prove that the other person caused the harm, you may be able to file a personal injury claim. 

Personal injury claims often settle outside of court. This happens when the insurance company for the person responsible (or the person responsible, in some rare cases) makes a settlement offer of cash to the injured victim. This may be a car insurer or medical malpractice insurer, and the settlement is made in order to limit the insurance company's risk of a large jury verdict. It is up to you if you wish to accept a settlement or take the case to court, where a jury will decide damages once you've successfully proven your case. 

Burn Injury Damages

If the burn injury claim ends up in court, a jury will decide the appropriate level of compensation for you. If you settle outside of court, you give up the right to sue; you should make sure that the settlement includes compensation for the things you'd be compensated for in court. These things include:

• The medical costs of treating the burn injury (including skin grafts and ongoing therapy)
• Lost income (past and in the future) if you can't work because of the injury
• Pain and suffering
• Emotional distress

Other damages may also be appropriate depending on the situation. For example, if the defendant's actions were intentional or grossly negligent, state law may permit punitive damages to be assessed to punish the defendant. If the burns were fatal, then wrongful death damages may be collectable by the estate/family of the deceased victim. 

Getting Legal Help

If you have suffered a burn injury, it is important you consult a lawyer to determine if you have a burn injury claim. Your lawyer can assist you in negotiating a burn injury settlement or in taking your claim to court and proving your case to get the maximum compensation possible.