What Can be Awarded in a Burn Injury Claim?

Burns have the potential to cause a number of burn injuries. The injuries range from mild discomfort to significant pain and suffering and life-threatening injuries.  

The injuries extend beyond the redness, blistering of the skin, the pain, and the suffering that an individual undergoes while recovering from a burn injury. Some examples of other ways that experiencing burns affects a person are the loss of enjoyment with family and friends and lost wages due to your burn injury. 

There are many people who are able to recover damages because of their burn injuries and other factors related to a burn injury case. It is important for a person that has a burn injury or loved ones or someone who lost their life or experienced significant life-altering injuries to learn who can potentially file a burn injury claim and to learn what can be awarded in a burn injury claim. 

Burn Injuries and Severity 

One factor that determines what award you or a loved one is eligible to receive in a burn injury claim depends upon the severity of the burn injury. A person that has minor burns and who returns to work or school the following day will obviously be less likely to receive a large recovery on a burn injury claim, compared to a claim filed by an individual who spends significant time recovering from their burn injuries.  

Some people do not go home after being treated in a hospital or other medical facility. They receive long-term treatment at a burn center or other specialized care facility. Some people never return home because they experience fatal burn injuries, and the loved ones file a claim. 

First-degree burns are the mildest degree of burns. An individual who has a first-degree burn will likely experience redness of the skin. The damage occurs only to the top layer of skin, which is the epidermis. 

First-degree burns heal after several days and do not usually get infected or leave a scar. 

Second-degree burns result in damage to both the epidermis and dermis, which is the second layer of the skin. The Model Systems Knowledge Translation Center (MSKTC) explains that second-degree burns cause pain, blisters and result in swelling in the area of the burn. 

Third-degree burns are usually what most people think of as the most serious type of burn. These burns affect the deeper tissues and may damage or destroy the tissues. The burn may appear as a charred area. Skin grafting and more extensive treatment are required when a person has a third-degree burn. 

The MSKTC defines fourth-degree burns as those that destroy the fat, muscle, and potentially the bone when a person experiences this type of burn.  

What Can I Recover from a Burn Injury Claim? 

Contacting an attorney that has experience with burn injury cases is often considered the best first step when considering pursuing a burn injury claim. A product manufacturer, motor vehicle manufacturer, your employer, or another company that is responsible for your burns will likely have a lawyer to fight against your burn injury claim.  

Do you know who you should hold responsible for a burn injury claim? Is it your employer, or the company that manufactured the work equipment that caused the burn? Can you recover more than worker compensation damages?  

Do you file a claim against the manufacturer of your appliance that caused your burns or the retailer where you purchased the product?  

What if your rental property catches fire? Do you file a claim against your property manager or the property owner? 

You may be entitled to recover damages if you or a loved one experienced a burn injury as a result of the negligence of another party. Your attorney will know who to file a burn injury claim against and how to represent you in your burn injury claim. 

Burn Injury Claim Considerations 

Researchers writing for the Nature Public Health Emergency Collection refer to burn injuries as underappreciated injuries. They indicate that burns are associated with significant morbidity and mortality.  

Burns involve more than the actually visible burn itself. There is an inflammatory response and an immune response, along with metabolic changes. Some people undergo shock and experience the failure of multiple organs. 

The court may consider the costs and time involved in physical rehabilitation, skin grafts or reconstructive surgery, or psychiatric counseling in a burn injury claim. How much was your body burned? Did you suffer a burn over five percent or 60 percent of your body? The court takes these and other issues into consideration in every burn injury case. 

The long-term treatment needs, the severity of the injuries, and the other factors that the court deems appropriate are important to what a person recovers in their burn injury claim. The ability of a person to work now and their likelihood of returning to work in the future may be factors in a claim. 

Trust an attorney that has the expertise to successfully negotiate a settlement or to take your case to court to obtain the best possible outcome in your burn injury case.