How to Determine the Settlement of a Burn Injury Claim

Burns are some of the most painful injuries that can be suffered in an accident such as a car crash or workplace disaster. If you or a loved one sustained a burn injury due to someone else’s carelessness in Texas, you may be eligible for significant compensation. The value of your claim is something that will depend on a variety of factors. There is no average settlement amount. Discuss your case in detail with a burn injury attorney for more information.

The Severity of the Burns

One of the main factors impacting the settlement of a burn injury claim is the severity of the burn injuries. As a general rule, the more severe the injury, the higher the value of the claim. A severe burn injury, such as a third-degree burn, will require greater medical care than a minor burn injury, such as potential skin graft surgeries and rehabilitation. This will increase the value of the settlement, as the victim will be eligible for full compensation for his or her medical costs.

Whether There Is Permanent Scarring, Disfigurement or Disability

Burn injuries can easily cause permanent damage to the skin tissues. Second- and third-degree burns often cause permanent scarring or skin discoloration. In the most severe cases, a third-degree burn can cause permanent disfigurement and debilitation.

In these scenarios, the burn is classified as a catastrophic injury and the victim may be entitled to greater financial compensation. Catastrophic injuries not only require advanced medical care, but they can also increase the victim’s losses in terms of physical pain and suffering, emotional distress, and mental anguish.

The Cost of Your Present and Future Medical Care

The value of your medical care is a significant factor in calculating your burn injury settlement. Add up all of your bills and expenses related to hospitalization or health care, including time spent in the ICU, surgeries or procedures, treatments, and pain medications. Then, estimate your future necessary medical needs based on your prognosis and treatment plan.

Whether the Injury Removes You From Work

The next expense to consider is lost wages. If your burn injury or the related accident made you miss work, this will become part of your injury claim. Add up all of your missed wages from having to go to doctor’s appointments or undergo treatments. If your burn injury gave you a permanent disability that takes you out of work indefinitely, calculate future lost earning capacity into your settlement, as well.

The Impact on Your Mental and Emotional Wellbeing

Once you have added up all of your economic losses, focus on your noneconomic losses. These are the intangible effects of the burn injury, such as how it impacted your mental, emotional and psychological wellbeing. Calculating this type of loss can be difficult, as it does not rely on hard numbers.

How the Courts Calculate Pain and Suffering

In Texas, the courts calculate pain and suffering based on the specific facts of the case, at the jury’s discretion. The jury will listen to your story to find out how the burn injury has impacted your enjoyment of life. The jury may also hear testimony from medical and psychological experts to better understand how burn injuries typically affect survivors.

Then, the jury will calculate a pain and suffering award based on how significantly you were impacted. The jury may or may not use an equation to make this calculation, such as the multiplier method or per diem method. These methods use your recovery timeline, your income, your economic damages and other factors to calculate pain and suffering.

How an Attorney Can Help

An attorney can help you estimate the potential value of your burn injury settlement, as well as offer professional assistance fighting for maximum financial compensation. Your lawyer can help you gather evidence against the defendant, for example, or hire experts to help prove your noneconomic damages. Contact an attorney who specializes in burn injury law in Houston today for more information.