While many injuries can be painful, life-threatening, or healable, burns can be particularly gruesome and damaging. Facing serious burn injuries can be one of the most challenging, terrifying, and painful situations that one can ever go through. Sometimes, those burns could be the result of someone else’s negligent behavior, and you may want to pursue compensatory damages. You may also want to know the average burn injury settlement in California before pursuing such a claim.
What Is the Average Burn Injury Settlement in California?
Burn injuries can be subjective, and every claim filed is different. Therefore, the average burn injury settlement can be difficult to determine. The details of every case largely determine the settlement amount that you may receive from an insurance company or the compensation you are awarded by a sympathetic jury.
Many different factors have to be considered during the settlement negotiation talks, and each is important. These factors include:
- The severity of your burns
- The amount you have already spent on medical bills and ongoing treatment, as well as the estimated amount you’ll need to pay in the future
- Pain and suffering
- Your insurance coverage, as well as the negligent party’s insurance coverage
- Any permanent scarring or disfigurement
- Your future earning capacity
Understanding Burn Injuries
Burn injuries can be devastating. The harsher they are, the more detrimental they can be to your quality of life. It is important to understand the various degrees of a burn injury and at what point during your immediate recovery you should see a doctor:
- First-Degree Burns: A first-degree burn is the least painful and most treatable form of a burn injury. It only affects the outer layer of skin, also called the epidermis. The most you may see from a burn like this is some redness, some minor pain, and maybe some light itching.
- Second-Degree Burns: A second-degree burn is considerably worse, as it affects the epidermis as well as the second layer of skin, also called the dermis. In addition to redness, swelling, and a higher degree of pain, you may experience splotchy skin, blisters, and permanent scarring. The deeper the physical burn, the worse it will scar and hurt.
- Third-Degree Burns: A third-degree burn is extremely severe. It will result in you being hospitalized in a burn unit. This kind of burn cuts through the epidermis and the dermis, as well as the layer of fat between skin and muscle. A third-degree burn can cause permanent nerve damage, complete destruction of skin layers, damage to internal organs, and permanent health problems. The pain may be so severe that it turns numb.
Higher-degree burns usually result in more expensive medical bills, as well as more intense pain and suffering
Symptoms of Severe Burns
Whenever you experience a severely painful burn, you should seek out a medical professional to assess the damage. Some people may be reluctant to see a doctor for personal reasons, but getting the proper treatment for your burns is crucial for your health. If you are experiencing any of these symptoms, you should seriously consider seeing a doctor:
- Large burns that cover entire areas of your body, such as your hands, feet, or torso
- A deep burn that appears to have penetrated multiple layers of skin, resulting in blackened or leathery skin
- Burns that have caused patches of splotchy, brown, black, or white coloration on your skin
- Any kind of chemical or electrical burn
- Burns that have caused you to have sudden difficulty breathing, such as burns to your chest that may have affected the lungs
- Persistent blistering that does not go away after several weeks
- Signs of infection, such as oozing, redness, swelling, or an increase in pain
FAQs
Q: How Much Is My Burn Claim Worth?
A: Your burn claim is worth whatever is appropriate to cover the severity of your burn injuries. Every claim is different and largely based on the severity of your burns and the details of how they occurred. You can pursue a compensation claim that covers all of your medical bills, both past and future. Your lawyer will help you reach a settlement amount that you are comfortable accepting.
Q: How Is Pain and Suffering Calculated in California?
A: Pain and suffering is calculated in California using one of two distinct methods. One method is the “Multiplier Method,” which totals the plaintiff’s economic damages and multiplies them by a certain number, depending on the severity of their injuries. The resulting number is the amount they may receive in pain and suffering. The other method is the “Per Diem Method,” which sets a daily rate of compensation and multiplies it by the total estimated recovery time in days.
Q: What Is Considered a Major Burn Injury?
A: A major burn injury is considered any burn that covers more than 25% of the body or penetrates multiple layers of skin and fat cells. A third-degree burn is typically the worst possible burn someone can suffer, as it destroys the epidermis and the dermis. It causes long-term damage to the body internally by affecting the muscles, tendons, and even bones. If the bones are burned, it can be considered a fourth-degree burn, which is by far the worst type and is often fatal.
Q: How Long Do I Have to File a Burn Injury Claim?
A: In California, most personal injury claims have a statute of limitations of two years, including burn injuries. That means you will have two years from the date of your initial injury to begin filing a claim and building your case. If you file outside of that designated time frame, your case may be thrown out automatically. Be sure to start developing your case as soon as possible and retain the services of an experienced attorney.
Reach Out to a Talented Burn Injury Attorney
Facing the aftermath of burn injuries can be an incredibly challenging experience. With the help of the legal team at Easton & Easton, you can pursue compensation from the party responsible for your burns. Reach out to schedule a consultation with a member of our legal team.
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