How Much Compensation Do You Get for a Burn?

Burn injuries can vary in their seriousness and financial impact. The amount of burn injury compensation you are due depends on a number of different factors, including physical pain and limitations, medical expenses, the impact on your ability to work and make a living, and more.

A Phoenix burn injury lawyer will evaluate the size of the burns, their severity, and the details of your case to calculate the compensation to which you may be entitled. Burg Simpson has extensive experience advocating for the seriously injured, securing more than $2 billion in results.

If you or someone you love suffered a burn due to someone else’s negligence, it is critical to consult an experienced personal injury attorney. Call 602-777-7000 today for a FREE case evaluation with Burg Simpson. Our burn injury lawyers serve clients in Phoenix and throughout Arizona.

Factors to Consider When Determining the Value of a Burn Injury Claim

Key considerations when determining the potential value of your burn injury claim include:

Degree of the Burn Injury

Burn injuries are classified by degree based on their severity:

• First-degree burn: The least serious type of burn, first-degree burns only affect the outer layer of skin (the epidermis).
• Second-degree burn: Also known as a partial-thickness burn, a second-degree burn damages both the epidermis and the deeper layer of skin (the dermis).
• Third-degree burn: Third-degree burns are also known as full-thickness burns. All layers of the skin are affected, as well as nerve endings. This may lead to loss of sensation at the burn site. A third-degree burn is a medical emergency requiring immediate attention.
• Fourth-degree burn: Damage from a fourth-degree burn may extend to underlying bone, muscle, and other tissue. Fourth-degree burns may be life-threatening and require prompt treatment by medical professionals.

The more serious the burn, the more extensive the medical care tends to be. Severe burns (such as third- and fourth-degree burns) are also more likely to have long-term or permanent effects on the victim’s life.

Location of the Burn

The part or parts of the body affected by the burn are also important to consider when assessing how much a burn injury claim may be worth. Areas where burns are considered especially serious include:

• Face
• Area around the eyes
• Inhalation injuries to the airways or lungs
• Hands
• Major joints
• Genitals or groin area
• Buttocks
• Feet

Any full-thickness burn or a combination of partial-thickness burn injuries totaling 10% of the surface area of the body are considered major burns. So is any burn injury that wraps all the way around part of the body (such as the chest, abdomen, an extremity, etc.).

Type of Burn Injury

Certain types of burn injuries are also inherently more dangerous than others. These include chemical burns and electrical burns, both of which required specialized medical treatment.

Recovery and Prognosis

A first- or second-degree burn may heal with little more than first aid. More serious burns, meanwhile, may require transport to the emergency room, hospitalization, and advanced treatment at a burn center.

Each of these factors needs to be taken into account when quantifying the cost of a burn injury:

• The emergency medical care you required, including procedures, medications, etc.
• How long you were in the hospital
• Your length of stay at a burn center
• Rehabilitation and therapy requirements
• Future medical needs

A long and difficult recovery is fairly common with severe burn injuries. Burn injury lawyers will calculate the cost of medical care to date, as well as enlist qualified experts to provide a prognosis for the burns. This will help identify future medical costs and other damages in your claim.

The Effects of the Burn on Your Life

Potential burn injury compensation is not limited to medical expenses and loss of income. It is also important to take into account the pain, suffering, and emotional distress you experience following a burn injury, as well as how the burns will affect your quality and enjoyment of life going forward.

Questions of Fault

Incidents leading to personal injury are not always the fault of just one party. Compensation is decreased when the plaintiff is partially at fault. This is known as the comparative negligence standard.

Arizona has a pure comparative negligence system. You can still obtain compensation for an injury for which you are partly responsible, but the recovery is reduced according to your percentage of fault.

Types of Burn Injury Compensation

Compensation for a burn injury may be divided into three distinct categories. You may be entitled to recovery of some or all of these damages:

Economic Damages

Economic damages are the quantifiable financial losses you suffer as a result of the burn injury. They may include:

• Medical bills
• Future medical expenses
• Lost wages
• Diminished or lost earning capacity
• The cost of household services and in-home medical care

Burn victims may also incur out-of-pocket expenses for prescription medications, assistive devices, modifications to their home and vehicle, and travel for medical care. These economic damages also need to be included in your burn injury claim.

Non-Economic Damages

Non-economic damages are losses without a clear monetary figure. They include any adverse effects of the burn injury on your physical, mental, and emotional well-being. Examples include:

• Pain and suffering
• Scarring and disfigurement
• Disability
• Emotional anguish and psychological trauma
• Loss of enjoyment of life
• Reduced life expectancy

Compensation may also be available for loss of society and companionship, loss of sexual relations, loss of parental guidance, and other damages representing the effects of the burn injury on your home and family life.

Punitive Damages

Also called exemplary damages, punitive damages punish a defendant for egregious conduct by awarding additional compensation to a plaintiff at trial. In Arizona, punitive damages may only be awarded if it is shown that the defendant acted with an “evil mind.” A defendant acts with an “evil mind” when they knowingly cause harm, act with spite or malice, or exhibit outrageous indifference to the safety of others.

How Much Is a Burn Settlement Worth?

It is important to understand that there is no standard formula for calculating burn injury compensation. The cost of hospital treatment for a burn can vary significantly ($10.58–$125,597, according to one study), and there are many losses without a hard-and-fast dollar value. Settlement amounts can range from tens of thousands of dollars to millions.

Calculating a burn injury settlement requires legal experience, knowledge of these complex injuries, and an understanding of your unique circumstances. It also requires strong evidence and input from expert witnesses who can support your claim against the defendant.

While settlements are the norm in personal injury claims, not all burn injury cases will settle. You need a lawyer who is willing to fight for you in settlement negotiations and, if necessary, at trial.

Burg Simpson Can Help

A Phoenix burn injury lawyer at Burg Simpson will fight to maximize compensation for burns sustained due to someone else’s negligence. Our firm is distinguished by local clout in the communities we serve, as well as national strength that gives us the skill and resources to litigate cases successfully. We are Good Lawyers. Changing Lives.®

For a FREE consultation, contact Burg Simpson today. Our burn injury lawyers serve clients throughout Arizona from our office in Phoenix.