Burn injuries can be devastating, leading to years of medical expenses, physical pain, and emotional torment. But the value of a burn injury claim can vary widely depending on a number of factors, including the severity of the accident and the culpability of the defendant.
Here, we’ll discuss the factors that can influence the value of your burn injury settlement. Keep in mind that every case is different, making it difficult to predict the size of your settlement. If you’ve suffered a burn injury, the best way to file a claim is to reach out to an experienced personal injury attorney.
How The Accident Occured
One of the biggest factors in determining the value of an injury claim is how the accident occurred. If you can prove that the defendant was entirely at fault for the burns, then the value of your claim will increase. They will be expected to cover a larger portion of any medical expenses, as well as additional costs related to emotional suffering.
However, if you cannot prove that the defendant was entirely at fault for the accident, then the value of the claim may drop.
If, for example, you are burned while in the workplace, the amount of compensation you can expect to receive will depend on your employer’s culpability. If the accident was entirely preventable and due to negligence on the employer’s part, they may have to pay for a significant portion of your medical expenses.
However, if the employer followed all safety regulations and the burn occurred as a result of your own actions, then you may have to settle for a lower payout.
In some injury cases, the defendant can be found guilty of gross negligence or intentional harm. In these cases, you may be able to receive additional compensation in the form of punitive damages.
Punitive damages are extra payments outside of medical expenses, so they can significantly increase the value of your claim. For example, if the defendant intentionally burned you, they may be ordered to pay damages to punish them for their actions.
If your burns were caused by gross negligence on the part of the defendant, then you may also be able to qualify for punitive damages. However, it can be difficult to prove that a party was guilty of gross negligence.
For example, if an employer or building manager failed basic safety inspections, this could qualify as gross negligence. Even though they didn’t intend to harm you, their negligence directly contributed to your injuries.
Burns can lead to years of pain and physical suffering, which comes with expensive medical bills. However, the damage caused by burns doesn’t stop with pain. Many burns can cause severe emotional damage, leading to depression and anxiety.
The amount of compensation that you receive for emotional suffering will factor in the degree of depression, social anxiety, and other mental conditions caused by the burns. Many burn victims have severe disfigurement, which makes them afraid to go outside or return to work. This can have a significant impact on their quality of life, as well as affect their income.
Different Types Of Burn Injury Settlements
There are a variety of burn injury cases, so predicting the value of your own claim can be difficult. Here are some of the common types of burn injury settlements.
Settlements Related To Product Defects
One of the most common types of burn injury settlements are those related to flawed product designs. If the victim can prove that a product defect caused their burns, they may be able to win a settlement from the manufacturer.
You will have to show that routine use of the product according to the manufacturer’s instructions caused the burn. For example, an oven mitt that catches fire while pulling a dish out of the oven may qualify. But if you were using an oven mitt while lighting fireworks, you likely will not receive damages.
Settlements Related To General Negligence
General negligence is a broad term, and there is a wide range of cases that fall under its umbrella.
You’ve likely heard of the famous case of McDonald’s hot coffee. A woman received a large settlement due to burns caused by hot coffee spilling on her lap.
Other common cases involve failure to follow basic safety protocols. For example, if an employer left flammable materials sitting around, their negligence could be responsible for your burns.
Workers Compensation Burn Injury Claims
If you’ve been burned at work, you may wonder how to seek damages. There are a number of different legal options depending on the type of burn you suffered, as well as the nature of the accident.
If the accident was the fault of your employer, you may be able to file a personal injury claim and win damages that cover the full extend of your injuries.
However, accidents that occur at work where the employer was not directly at fault may not qualify for personal injury claims. Instead, any damages will be paid out by your employer’s workers compensation insurer.
The value of a workers compensation claim will vary depending on how much time you miss from work. However, workers comp cases tend to have smaller payouts that what you would get from a personal injury claim where the defendant is at fault.
Contact A Skilled Montana Burn Injury Attorney
It can be difficult to win maximum compensation for your burn injury. Insurance companies will do everything they can to protect their bottom line, hiring aggressive attorneys and adjusters to cut payouts and deny you the money you are owed.
Finding an attorney you trust can be hard work. That’s why we offer free case evaluations, where we walk you through your legal options and help determine the value of your claim. You can also reach us by phone.