When fire touches the skin, it doesn’t just burn the body; it often scorches every part of a person’s life. Burn injuries can leave behind physical scars and emotional wounds that take years to heal. Understanding the typical pain-and-suffering payouts for severe burn injuries can help burn victims and their families prepare for what lies ahead. In this article, we’ll explain how burn injury compensation works, what factors influence payout amounts, and what kind of injury settlements burn injury victims can expect, especially when someone else’s negligence caused the harm.
Whether the injury stems from workplace accidents, defective products, or dangerous premises, burn injury cases vary widely. Still, one common thread connects them all: the immense physical and emotional pain survivors endure. Below, we explore how the law protects victims, what types of burns qualify for higher settlements, and how to determine the worth of a burn injury claim.
Understanding the Degrees of Burn Injuries and Their Impact
Burns are categorized by severity, ranging from first-degree to fourth-degree burns. Each degree affects different layers of skin and tissue, directly impacting the level of pain and the size of the potential burn injury settlement.
1. First-degree burns
First-degree burns affect only the outer layer of skin (the epidermis). These are minor burns, often caused by brief contact with hot surfaces or sun exposure. Victims may experience redness and discomfort, but these injuries rarely lead to permanent scarring.
2. Second-degree burns
Second-degree burns damage both the epidermis and the underlying dermis. Severe second-degree burns often have a wet or shiny appearance, accompanied by blisters and intense pain. They may require extensive medical treatment and physical therapy, especially if they cover a large surface area.
3. Third-degree burns
Third-degree burns go deeper, destroying both the epidermis and dermis. These burns can char the skin and may destroy nerve endings, which may initially reduce pain but result in permanent disability and scarring. Victims often need skin grafts, multiple surgeries, and ongoing treatment.
4. Fourth-degree burns
Fourth-degree burns are the most extreme. These injuries go beyond the skin layers, damaging muscle, bone, and even tendons. Fourth-degree burn settlements are usually higher due to the life-altering nature of the injuries, often involving permanent disability, disfigurement, and immense emotional trauma.
Severe burn injuries result in higher injury settlements due to the long-term medical expenses, lost wages, and non-economic damages like emotional distress and psychological trauma.
What Influences a Burn Injury Claim’s Value?
Every burn injury case is unique. However, certain factors consistently influence the payout a burn injury victim may receive. These factors go beyond just physical pain and consider the total impact of the injury on the victim’s life.
Key elements that influence the value of a burn injury claim include:
1. Extent and degree of the burn:
More severe burns (third and fourth-degree burns) tend to result in larger payouts.
2. Required medical treatment:
If a burn requires skin grafts, physical therapy, and extensive medical treatment, it increases the value of the claim.
3. Permanent scarring or disability:
Permanent effects on appearance or ability to work often raise the settlement amount.
4. Lost wages and future earning capacity:
Burn injury compensation includes current and future income losses.
5. Emotional trauma:
Psychological impacts such as depression, PTSD, and anxiety are often considered.
Clear and well-organized medical records play a crucial role in burn injury cases. They help prove the severity of the injuries, detail the extent of medical treatment required, and justify the compensation amount. These documents provide evidence of the pain endured, the procedures performed, and the long-term impact on the victim’s health.
When a burn injury results from someone else’s negligence, such as a lack of safety measures in workplace accidents or hazardous conditions in public spaces, the legal claim becomes even stronger. Proving that another party’s careless actions directly caused the harm can significantly increase the chances of securing fair compensation.
For instance, in personal injury cases involving severe second-degree burns from a defective space heater, a victim could claim compensation not just for medical expenses but also for emotional distress and long-term therapy.
Legal Protections for Burn Injury Victims
Lawsuits involving burn injuries fall under personal injury law. These laws exist to protect victims and ensure they receive fair compensation when harmed by someone else’s actions or negligence. State laws require property owners, employers, and product manufacturers to maintain safe environments and products.
When they fail to do so, victims have the right to file a burn injury lawsuit to seek fair compensation for their damages.
Burn injury cases can involve:
- Premises liability: Injuries caused by unsafe property conditions.
- Product liability: Defective appliances or chemical products.
- Workplace negligence: Unsafe environments or lack of proper safety gear.
- Motor vehicle accidents: Collisions resulting in fires or explosions.
Victims can seek both economic damages (such as medical bills, lost wages, and physical therapy) and non-economic damages (emotional trauma, permanent scarring, and psychological injuries). In some cases, punitive damages may apply, particularly when a company or individual acted with extreme recklessness.
Each state has specific laws regarding injury lawsuits, including statutes of limitations and caps on non-economic damages. An experienced burn injury attorney can explain these laws in detail and help victims file claims within legal deadlines.
Average Settlements in Burn Injury Cases: What Can Victims Expect?
There is no one-size-fits-all answer for how much compensation burn injury victims will receive. Still, general ranges exist based on injury severity and case circumstances.
- First-degree burns usually receive minimal settlements due to limited medical treatment.
- Second-degree burn settlements vary but can range from $25,000 to $200,000, depending on the affected area and treatment required.
Texas Barbecue Sauce Burn $2.8 Million Jury Award
In Texas, a jury awarded Genesis Monita $2.8 million after she suffered second-degree burns from scalding hot barbecue sauce. The sauce reached 189°F, well above safe serving temperatures. The jury found the restaurant grossly negligent and compensated her for pain, emotional trauma, lost wages, and medical expenses. They also awarded nearly $1.9 million in punitive damages due to the restaurant’s reckless conduct.
- Third-degree and fourth-degree burn settlements often exceed $250,000 and can go into the millions if the injuries involve permanent disability, multiple surgeries, or long-term care.
Starbucks Burn Case: $50 Million Verdict
A Los Angeles jury awarded $50 million to Michael Garcia after a Starbucks employee failed to secure a hot tea lid, causing the drink to spill on his lap. The accident caused third-degree burns to his thighs and genitals, requiring multiple skin grafts and resulting in permanent disfigurement and emotional trauma. Garcia filed a burn injury lawsuit, and the jury held Starbucks liable for negligence.
These cases demonstrate that burn injury victims who suffer extensive medical treatment, permanent disability, or emotional trauma due to another party’s negligence often receive significantly higher compensation.
When injury lawsuits involve third-degree or fourth-degree burns, juries and insurers typically recognize the overwhelming burden of physical and emotional pain, awarding substantial non-economic damages alongside coverage for medical bills and lost wages. However, final payout amounts depend on jurisdictional limits, insurance coverage, and the facts of each case.
Seeking Help From a Knowledgeable Burn Injury Attorney
Burn victims don’t have to handle the legal system alone. An experienced burn injury lawyer plays a crucial role in helping clients recover the compensation they deserve.
Their responsibilities include:
- Investigating the cause of the burn
- Gathering medical records and expert testimony
- Calculating economic and non-economic damages
- Negotiating with insurance companies for fair compensation
- Filing a burn injury lawsuit if negotiations fail
A knowledgeable burn injury attorney understands the value of pain and suffering in personal injury cases. They know how to present emotional trauma, physical pain, and permanent scarring in ways that insurance companies and juries respect.
By advocating for burn injury victims, burn injury attorneys help ensure that injury settlements reflect the full extent of the loss, both seen and unseen. Their legal support can make a meaningful difference in a victim’s recovery financially, emotionally, and physically.
Let Bourassa Law Group Help You Rebuild
The road to recovery after severe burn injuries can be long and overwhelming. Between intense pain, extensive medical treatment, and emotional distress, burn victims deserve more than just healing; they deserve justice. Understanding typical degree burn settlements and what influences your burn claim can provide direction and strength during a difficult time.
If you or a loved one suffered severe burn injuries due to someone else’s negligence, Bourassa Law Group is ready to help. Our team will connect you with an experienced burn injury attorney who can fight for the fair settlement you deserve. Contact us today for a free consultation.
1-800-870-8910