A burn can change everything in a matter of seconds. Whether caused by a car accident, defective products, or a property owner’s negligence, burn injuries often leave more than just physical scars. In Colorado, victims have the right to pursue compensation not only for the tangible costs but also for the emotional toll and suffering they endure. This article explores pain-and-suffering damages in Colorado burn injury lawsuits, outlining what victims can expect, how the legal system addresses these claims, and what protections exist under state law.
For legal advice specific to your case, get in touch with a burn injury attorney at Bourassa Law Group.
Understanding Burn Injuries and Their Severity
Burn injuries range in severity from mild to life-threatening. They are classified by degrees:
- First-degree burns affect only the outermost layer of the skin, causing redness and minor discomfort.
- Second-degree burns go deeper, damaging the underlying tissues and causing blisters and significant pain.
- Third-degree burns penetrate through all layers of the skin and may affect nerves, leading to numbness or severe pain.
- Fourth-degree burns are the most severe type, extending into muscles, bones, and tendons. These often qualify as catastrophic injuries.
Burn victims often require extensive medical treatment, including skin grafts, surgeries, and long-term rehabilitation. The physical injuries and medical expenses can be overwhelming. But equally important and often overlooked are the non-economic damages: the pain, emotional trauma, and mental anguish.
What Are Pain-and-Suffering Damages?
In Colorado, pain-and-suffering damages fall under the category of non-economic damages. These refer to intangible losses, such as:
- Physical pain and discomfort from the injury and treatment.
- Emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Psychological trauma from the accident and ongoing treatments.
- Loss of enjoyment of life due to permanent disfigurement or physical limitations.
While economic damages like medical bills, lost income, and property damage have clear monetary values, pain-and-suffering damages require deeper evaluation. The legal system considers factors like the severity of the burn injury, the level of emotional challenges, and how the injuries impact daily life.
How Colorado Law Protects Burn Victims
Colorado imposes specific caps on non-economic damages in personal injury cases. Under Colorado Revised Statutes (C.R.S.) §13-21-102.5, for civil actions filed on or after January 1, 2025, the cap for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life is set at $1,500,000. This cap does not apply to medical malpractice or wrongful death cases, which follow separate statutes. The cap will be adjusted for inflation beginning January 1, 2028, and every two years thereafter.
Colorado caps non-economic damages in personal injury lawsuits, but this cap does not limit compensation for physical impairment or disfigurement. Burn injury victims who suffer permanent disfigurement or disability, such as from third or fourth-degree burns, can recover full compensation for those specific damages, even though the law still caps pain-and-suffering awards.
Colorado also allows victims to seek punitive damages if they prove the defendant acted with fraud, malice, or willful and wanton misconduct. For example, if a property owner knew of a dangerous condition that caused the fire and failed to fix it, they may be held liable under premises liability laws.
Establishing Liability in Burn Injury Lawsuits
To recover damages, burn victims must show that someone else’s negligence caused their injury. This involves proving the following elements:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The breach directly caused the accident.
- The victim suffered physical injuries or emotional harm due to the accident.
Victims with serious burn injuries often require ongoing surgeries, psychological support, and long-term care, which can make handling a claim complex. That’s why it is essential to seek legal advice from experienced burn injury attorneys who understand how to document these lasting impacts and pursue full compensation under Colorado law.
Common Examples of Liable Parties in Burn Injury Cases
Examples of liable parties in burn injuries caused by negligence include:
- Drivers in car accidents involving explosions or fires.
- Employers who fail to provide proper safety equipment.
- Landlords or property owners who ignore fire hazards.
- Manufacturers of defective products that cause electrical burns or fires.
In each case, legal teams work to determine liability, gather evidence, and build a compelling burn injury claim that accounts for both economic and non-economic damages.
Understanding the Real Impact Behind Burn Injury Claims
Even minor burns can require medical attention, while serious burns often require extensive medical treatment and rehabilitation. These costs include:
- Emergency care and immediate medical attention.
- Hospitalization and surgical procedures.
- Medication and wound care.
- Long-term medical treatment and therapy.
In addition to medical expenses, victims may face:
- Lost income due to recovery time or disability.
- Home modifications for accessibility.
- Ongoing counseling for emotional challenges.
- Social withdrawal due to visible scarring.
All of these factors contribute to a significant portion of a burn injury lawsuit’s value, especially when calculating how much compensation the victim deserves.
How Burn Trauma Affects Daily Life
Unlike a broken bone that typically heals beneath the surface, burn injuries often leave lasting, visible scars. Many burn victims continue to struggle with emotional and psychological trauma long after their physical wounds have healed. Many experiences:
- Fear of fire or re-experiencing the incident (a symptom of PTSD).
- Difficulty forming relationships or engaging socially.
- Ongoing mental anguish and body image issues.
- Struggles with intimacy, parenting, or employment.
These intangible losses deeply affect not just the individual but their family members as well. When a person suffers burn injuries, they are not the only ones affected; the entire support system endures the impact.
How Pain-and-Suffering Compensation Is Calculated
There is no strict formula for calculating pain-and-suffering damages, but courts may use:
- The Multiplier Method: multiplying economic damages (like medical bills) by a number based on injury severity.
- The Per Diem Method: assigning a daily dollar value for each day the victim experiences pain and suffering.
Courts may also consider:
- The nature and extent of the burns (e.g., second, third, or fourth degree burns).
- Whether the victim required extensive medical treatment.
- The long-term prognosis and emotional trauma.
- The presence of severe pain or permanent disability.
When to File a Burn Injury Lawsuit in Colorado
Victims must act quickly. Colorado law sets a two-year statute of limitations for most personal injury lawsuits, including burn injury lawsuits (C.R.S. 13-80-102). For incidents stemming from car accidents, the time limit extends to three years (C.R.S. 13‑80‑101(1)(n)).
Failing to file within this period can result in the court dismissing your injury claim, even if the evidence is strong. Prompt action allows victims to:
- Preserve crucial evidence.
- Secure witness statements and expert testimony.
- Accurately document pain, suffering, and economic damages.
Exploring Legal Options and Seeking Relief
Burn injuries devastate lives, but Colorado law offers a path forward. If you or a loved one has suffered because of someone else’s negligence, you may have a right to pursue compensation for both tangible costs and emotional injuries.
Pain-and-suffering damages in Colorado burn injury lawsuits aren’t just about numbers; they reflect the profound toll that serious burns take on the body, mind, and spirit. Understanding your rights, the role of non-economic damages, and the factors that influence compensation is the first step.
If you need clarity on your legal options, the team at Bourassa Law Group is here to help you understand what’s next. Our experienced Colorado personal injury lawyers stand ready to help burn injury victims across the state pursue justice. Contact us today for a free consultation. Let us help you determine the value of your case, explore your rights, and fight for the maximum compensation you deserve.
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