Burn Injury Settlements: How Much Can Victims Get? Oct 2024

Burn Severity

Medical professionals assess burn severity by degrees. Each degree indicates how many skin layers sustained the burn. Here are these categories.

*These amounts are approximate based on Miller & Zois Law Firm data.

First-Degree Burns

First-degree burns are the least severe. Skin damage only extends to the outer layer of skin, the epidermis.

The epidermis seals the body from microorganisms and foreign bodies, making it the body’s protective layer. It also retains moisture better than other layers, aiding quick heating. So, it is the most resilient of the skin layers.

First-degree burns cause pain, swelling, and redness. Sometimes, people see flakey skin, but they heal without complications.

Can you sue for first-degree burns? On their own–no. They are minor injuries and don’t generate large medical bills.

However, first-degree burns often accompany other injuries. For example, you may sustain an airbag burn and a neck injury in a car accident. An attorney then bundles the burn with the neck injury to illustrate the extent of all injuries in that accident.

Second-Degree Burns

Second-degree burns damage the epidermis and the layer underneath it, called the dermis. The dermis contains nerve endings, which makes these burns more painful than first-degree burns.

These burns become swollen and develop blisters. These blisters leave you vulnerable to infection, and you often need to bandage or wear loose clothing to avoid pain.

Second-degree burns usually heal without complications. However, they can leave scars, and if you sustained facial burns, you can likely claim mental stress due to disfigurement. Therefore, you can present it as an independent claim and collection compensation.

Third-Degree Burns

Third-degree burns are the most severe. Also called full-thickness burns, they destroy the epidermis and dermis. Since these injuries completely destroy nerve endings, you will not feel pain in the burned area.

These burns can also damage bones, tendons and muscles. Sometimes, the burn goes deep enough that treatment providers may classify them as fourth-degree burns.

People sustaining these burns face disfigurement, scarring and mobility loss. Sometimes, doctors must amputate severely burned limbs, and patients face recurring infections. Depression, anxiety and PTSD are also common after these severe burns.

Treatment may involve skin grafts, complex wound care and cosmetic surgery. Some patients need physical and occupational therapy to adjust to new physical limitations. These claims attract the highest compensation amounts.

Facts of the Accident or Incident

The specific facts of your accident also affect your settlement value. Here are the fact areas that affect case value the most.

Type of Burn

The type of burn should not be confused with the burn’s degree. This category focuses on the cause rather than the severity.

Generally, there are four types of burns:

• Thermal: Burns sustained after exposure to a heat source like scalding liquids, steam, hot materials or flame.
• Radiation: Burns occurring due to exposure to ultraviolet sun rays or x-rays. That bad sunburn from last year? It is technically a radiation burn!
• Chemical: Burns sustained after exposure to strong acids, alkalies, solvents or detergents.
• Electrical: Burns caused by electrical current, either alternating (AC) or direct (DC.)

These types of burns are relevant because some burns cause other health problems. Chemical burns may affect the skin but also emit fumes that burn the eyes or lungs. Electrical burns often cause cardiovascular problems, too.

You may collect a larger settlement if you sustain a burn that causes other issues. A chemical burn will likely produce more damage than a thermal burn from a pressure cooker.

Where It Happened

Location often determines the responsible party and the compensation available. Workplace burns are one example of a burn victim’s options affected by location.

In most states, employees who sustain burns while working can receive workers’ compensation. These benefits offer medical care and replacement income. If an employee cannot return to their job, the worker’s compensation agency will also provide vocational training.

But even then, not all workplace injuries are the employer’s fault. A car accident, for example, typically involves a third party. So, if a worker sustains burns in a major vehicle collision, they can sue the at-fault party for medical bills and replacement income. But, unlike workers’ compensation, they can also pursue diminished future earning capacity, pain and suffering, and full wage loss.

Who Was Responsible

The truth is that some at-fault parties have more significant resources than others. You are more likely to get a good-sized settlement from “deep pockets,” meaning parties with income and assets.

For example, the compensation available for burn injuries from a car accident might be limited by the at-fault driver’s auto policy limits. But you have more resources to pursue if you have a driver with high limits. Also, if the insurance limits are not enough but that driver has high-value assets, you may be able to collect on them.

But, burns from defective products involve large manufacturers. These large corporations are the very definition of “deep pockets,” and lawsuits with multi-million dollar verdicts are possible.

Effects of the Injury

Generally, burn injuries with severe or long-term effects gain higher settlements. In comparison, superficial injuries are often worth less.

That scenario plays out due to actual costs of an injury and noneconomic damages. Noneconomic damages are subjective and involve a plaintiff’s perspective and feelings. They are an attempt to place a dollar value on pain and suffering.

First and second-degree burns heal and leave behind no trace. At worst, they leave slight scars. So, damage awards in these cases are lower since they don’t attract the impacts, trauma or expense of severe burns.

But third-degree burns cause life-changing injuries. Heavily damaged skin needs skin grafts, which cause permanent scars. The damaged skin also becomes infected more easily, leaving patients in a cycle of constantly managing illness and injuries. Burns can compromise bones and connective tissue, leading to limited mobility.

Patients with these serious conditions incur higher medical bills, experience more pain and often lose more enjoyment in their lives. They may have severe mental struggles since disfigurement from amputation or severe scarring has physical and emotional impacts. So they will receive higher settlement offers.

Learn About Burn Injury Claims With ConsumerShield

There are approximately 29,165 hospital admissions per year due to burns. If you were one of them, you likely wonder about the next steps and worry about your medical costs and lost wages.

A burn injury lawyer will offer the reassurance and peace of mind to heal from your injuries while they pursue your case. The result is peace of mind and a better chance of receiving compensation. Fill out our contact form for a free case evaluation and to learn how we can assist you.