ClickCease Burn Injury Settlements | How a West Coast Trial Lawyer Burn Accident Attorney Can Help

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How to Maximize Your Burn Injury Compensation

Considerations for Determining Compensation for Burn Injuries

Burn injuries are among the most painful and devastating injuries anyone can possibly experience. Medical treatment for burn injury victims often require costly plastic surgery, and victims may still be left with permanent scarring. Many burn injury victims also suffer from excruciating pain and psychological scars that make it nearly impossible to ever live a normal life.

Below, our experienced burn injury attorneys at West Coast Trial Lawyers will discuss burn injury settlements and the way that they are typically determined.

How Is a Burn Injury Settled?

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The way the burn occurred, and where it is located, are perhaps the most important considerations when determining the value of a settlement. A jury will consider, among many things, how bad the burn looks and the way it will affect a victim’s quality of life. There are so many types of situations that can cause a burn injury. Therefore, settlement amounts will vary greatly depending on the specific circumstances.

For example, a burn that occurs on someone’s face will be valued much more highly than one that occurred in a less visible place, such as an arm or a leg. Let’s consider a more specific example. Say that a burn victim was hurt in an accident that was or was not potentially avoidable. The value of such a case will likely be lower than a case in which a victim was hurt because someone failed to follow necessary safety regulations.

Physical and Emotional Pain and Suffering

Due to the fact that burn injuries will cause lifelong health issues and permanent disfigurement, victims may also be entitled to damages for their physical and emotional pain and suffering. Damages for pain and suffering will consider the reality that a victim will experience the shame and embarrassment of becoming physically deformed for the rest of their lives.

Types of Burn Injury Settlements

Negligence Burn Injury Settlements

  • One of the most infamous burn injury cases was with a woman who received $640,000 from McDonald’s after enduring third-degree burns caused by boiling hot coffee.
  • A victim endured both a second-degree and third-degree burn when the fumes from an overfilled propane tank exploded as the victim was using a barbeque. This individual settled for $970,000.

Product Liability Burn Injury Settlements

  • A hospital patient suffered burns due to his defective bed that burst into flames while he was laying on it. The victim settled for $1,000,000.
  • A burn victim who endured permanent scarring and third-degree burns as a result of a flammable skirt settled for close to $4,000,000.

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.

A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain and Suffering
  • Loss of Enjoyment of Life

Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.

Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

Limitations for Damages in California 
For the most part, there is no real cap on compensatory damages following a personal injury claim. This means that courts are able to award any amount they feel is appropriate and reasonable.

However, the only exception is regarding medical malpractice cases. In these cases, the limit for pain and suffering and other non-economic losses is $250,000.

West Coast Trial Lawyers Is Here to Help

If you are a burn injury victim and need help getting legal advice, West Coast Trial Lawyers has experienced burn injury attorneys that will help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and more.

No fees are paid until your case is settled. We offer a free, no-obligation consultation at our firm. Reach out to our legal team 24/7 by calling (213) 927-3700 or emailing [email protected].


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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