How Much Compensation Is A Burn Injury Claim?

Table of Contents

    A burn injury may range from thousands to even millions of dollars, depending on how severe the injuries are and how they affect the victim’s life. Several key factors influence the compensation, including:

    • Severity and classification of the burns.
    • Medical treatment, surgeries, and future care costs.
    • Lost income and reduced earning capacity.
    • Recovery time and challenges.
    • Location and function of the injured body part(s).
    • Long-term impact on daily life.

    Burn injury cases vary significantly, so there is no exact formula to calculate the settlement amount. Treatment is often urgent and expensive, and the effects can last a lifetime. Compensation goes beyond covering medical bills and lost wages. It also accounts for the long-term impact on the victim’s life.

    If you or a loved one suffered burn injuries, AK Law can help calculate your losses and explain your legal options. We offer free injury lawyer advice during the initial consultation. Call us at (888) 488-1391 to schedule a meeting.

    How Much Can I Get For A Burn Injury Claim?

    Burn injury compensation can range from a few thousand dollars for minor cases to several million for severe, life-altering burns. Your settlement depends on the depth and extent of the burns, required medical treatment, surgeries, rehabilitation, lost wages, and how the injury affects your future ability to work and enjoy life. Pain, emotional trauma, and permanent scarring can significantly increase your payout.

    You don’t have to guess what your case is worth—our team will break it down for you. At Arash Law, we ‘ve recovered over $750 million for injured clients across California. We know how to calculate the true cost of your burn injury—and how to demand it.

    Call (888) 488-1391 for a 100% free consultation – You pay nothing unless we win.

     

    Average Compensation Amount For Burn Injuries

     


    BURN DEGREE
    TREATMENT NEEDS
    POTENTIAL SETTLEMENT
    1st Degree Minimal $1,000–$10,000
    2nd Degree Outpatient/inpatient care $10,000–$100,000+
    3rd Degree Surgeries, long-term care $100,000–$1M+
    4th Degree Disability/death $500,000–$5M+

     

    Minor burns may settle for a few thousand dollars, depending on how serious the injury is. Severe burns can lead to settlements of hundreds of thousands or even millions of dollars. Each case is unique, and with many settlements remaining confidential, it is difficult to determine an average claim amount. Nevertheless, we can assess some potential expenses related to these injuries.

    A study found that treating burn injuries can cost around $9,000 per day. It also showed that flame burns often lead to higher medical bills. Several main factors affect the total cost of treatment, including:

    • Burn Size — Medical professionals usually measure how much of the body has sustained burns as a percentage of the total body surface area (TBSA). For instance, burns covering over 10% of the body require specialized treatment, according to Johns Hopkins Medicine.
    • Length of Stay — The number of days the patient remains in the hospital.
    • Ventilator Use — This refers to how many days the patient needs help breathing with a machine, especially if they have inhalation injuries.
    • Medical Procedures — The total number of surgeries or treatments needed during recovery. For instance, the average cost of autografting is around $157,000. Autografting is a treatment that uses the patient’s own skin to cover deep burns that can’t heal on their own.

    However, burn injury claims don’t just cover medical bills. As discussed, they include lost wages and other damages the victim suffered. Personal injury lawyers can estimate a fair amount based on your injury’s severity, time missed from work, and how the burn affects your life.

    Factors That Can Affect Compensation For Burn Injury Claims

    Recovering from a burn injury often requires significant time, money, and long-term care. Here are the major factors that impact how much compensation may be available:

    The Severity Of The Burn Injury

    Treating a second-degree burn injury in a medical emergency setting

    Medical experts classify burns by how deep they go into the skin. This classification helps estimate treatment needs, long-term impact, and how much compensation might be available in a personal injury claim.

    • First-Degree Burns — Affect only the outer skin (epidermis).
      • Skin may appear red, dry, and painful, with peeling as it heals.
      • These burns usually result in lower settlements, since they tend to heal quickly without lasting damage.
    • Second-Degree Burns — Damage both the outer and lower layers (epidermis and dermis).
      • These burns may blister, swell, and appear red, brown, or wet. Healing may take weeks.
      • Compensation may increase if the burns cause scarring, require medical treatment, or prevent you from working during recovery.
    • Third-Degree Burns — Reach deeper layers under the skin (hypodermis).
      • The skin may look white, leathery, or charred. Pain might not be felt at first due to nerve damage.
      • These injuries often require skin grafts, surgery, or long-term care, leading to higher compensation for medical bills, lost income, and pain and suffering.
    • Fourth-Degree Burns — The most severe.
      • These burns may affect muscles, tendons, and bones. They often cause permanent disability or death.
      • Claims involving fourth-degree burns may result in substantial settlements or wrongful death compensation, especially if the injury causes long-term disability or impacts your ability to work or care for yourself.
      • If the victim dies, their loved ones may file a wrongful death claim to pursue compensation for their losses.

    Burn injuries can change your life in an instant. If you’re unsure what your case is worth, speaking with an experienced burn injury lawyer can help. They’ll walk you through your options, explain what costs may be covered, and guide you toward the next steps.

    Medical Expenses And Future Treatments

    Burn injury care is often costly. Burn injury lawyers consider these expenses when estimating how much the injured person should receive. Most often, these include:

    • Emergency care and hospital stays.
    • Prescription medication and follow-ups.
    • Doctor visits and specialist care.

    You may also need:

    • Skin grafts used to replace damaged tissue.
    • Infection treatment requires hospitalization and antibiotics.
    • Reconstructive surgery for disfigurement or function.
    • Physical therapy to restore movement and strength.

    Long-term care, multiple surgeries, or cosmetic procedures can significantly raise medical costs.

    Lost Income And Future Earning Capacity

    Recovering from burn injuries with lasting impact on earning capacity

    Severe burns may keep you out of work for weeks, months, or even permanently. Compensation may include:

    • Lost Wages — Income lost from the time of injury until you return to work or settle the case.

      Example: If you earn $1,000 per week and miss 12 weeks, you lose $12,000.

      If you own a business, the calculation may be different. In that case, injury attorneys may look at how much money your business earned before the injury.

    • Loss of Earning Capacity — Income you can no longer earn due to your injuries.
      • Example: A construction worker who loses hand mobility may not return to their former job.

    Burn injury lawyers compare your pre-injury potential with your post-injury capabilities to estimate future losses.

    Impact On Quality Of Life

    Burn victims may need cosmetic surgery or other treatments to improve movement or appearance. Burns may lead to:

    • Visible scars.
    • Emotional trauma.
    • Difficulty interacting socially or returning to work.

    If burns affect your face, hands, or a part of the body critical to your job, you may be entitled to additional compensation for pain, disfigurement, and reduced quality of life.

    Example: In 2020, a Postmates driver suffered a serious burn from a spilled hot drink at a Starbucks drive-thru. The burn affected a sensitive area of his body, which caused a lasting injury that changed his health and personal life. This case resulted in a multi-million dollar lawsuit.

    To support your claim, burn accident lawyers may gather:

    • Medical records and treatment reports.
    • Photos of the injuries.
    • Witness statements or therapist notes.
    • Work and income documentation.

    These pieces of evidence can show how the injury has affected the victim’s life and may potentially impact it in the future.

    Liability And Insurance Coverage

    To recover compensation in a burn injury case, you usually need to prove that another person or party was legally at fault. You may ask, “How does liability affect the value of a burn injury claim?”

    In California, you can still recover damages even if you are partly at fault.

    Insurance coverage also plays a role:

    • The at-fault party’s liability insurance limits.
    • Your own underinsured/uninsured motorist policy.
    • Other applicable commercial or homeowner policies.

    Determining liability and insurance coverage can be complicated, especially when multiple parties or policies are involved. A burn injury attorney can investigate who is responsible, identify every available source of compensation, and ensure your claim meets all legal requirements. Whether the at-fault party has limited insurance or you need to explore your own coverage, a lawyer can help you build a strong case and avoid costly delays.

    Different Burn Injuries Covered In Claims

    Man suffering injury from exploding pressure cooker in kitchen

    Burns can happen in many ways. In the U.S., burns cause many unintentional deaths and injuries. Each year, more than 398,000 people receive medical treatment for burns, as reported by the American Burn Association (ABA). Some occur accidentally at home, while others happen because someone was careless or a product was faulty.

    Severe burns can have life-altering consequences, leading to ongoing physical and mental health challenges. Here are some common types of burn injuries found in legal claims:

    • Thermal Burns — These are caused by:
      • Flames from fires or explosions.
      • Hot liquids, like boiling water or grease.
      • Steam from cooking or industrial processes.

      For example, a person might get a thermal burn if a defective toaster causes a fire. This injury could result in a product liability claim.

    • Radiation Burns — These come from too much exposure to things like X-rays or the sun’s ultraviolet (UV) rays. For example, if a worker is not given proper protection from radiation at their job, they could get radiation burns. Work injury lawyers can support victims if the incident happened on the job.
    • Chemical Burns — These happen when strong acids, cleaners, or solvents touch the skin or eyes. For example, workplace accidents can occur when workers handle hazardous substances without proper protective equipment, causing injuries like chemical burns.
    • Electrical Burns — These are caused by contact with electrical currents. For example, faulty wiring in a building or defective electrical equipment can cause electrical burns. Electrocution accident lawyers can support victims in proving negligence in these cases.

    Steps That May Improve Chances Of Getting Fair Compensation For A Burn Injury

    A personal injury, especially a serious burn, can turn your life upside down. Taking the right steps may improve your chances of building a strong case and pursuing fair compensation:

    • Collect Detailed Medical Records — Make sure to keep complete and accurate medical records. These should include:
      • Doctor and hospital visits.
      • Details about the burns (location, severity, and treatment).
      • Ongoing symptoms or impairments.

      Keeping detailed records helps create a clear timeline of how your injury has affected your daily life and work. It also shows your commitment to recovery, especially if you sought medical attention right away.

    • Calculate the Full Cost of Your Damages — Think beyond medical bills. Burns can cause long-term problems that affect your ability to work or require job retraining. Be sure to include:
      • Long-term treatment and pain management costs.
      • Equipment or supplies needed for wound care.
      • Missed wages or job loss.
      • The cost of switching careers due to injury.
      • Costs of transportation to and from medical appointments.
      • Payments for in-home assistance or personal care services.
    • Avoid Settling Too Quickly — If you don’t know the full value of your case, you could end up accepting too little. Additionally, some burn injuries need extended time to heal, making it difficult to fully assess damages early in the process. An experienced burn injury attorney can help you determine the appropriate claim amount before you agree to a settlement.
    • Consult Attorneys for Burn Injuries — Burn injury lawyers understand how serious and complicated these cases can be. They know what it takes to build a strong claim. A lawyer can support you by:
      • Assessing the validity of your claim.
      • Determining who is liable for your injuries.
      • Gathering crucial evidence to prove liability.
      • Estimating your losses.
      • Handling negotiations with other parties.
      • Representing you in court, if necessary.

    Deadline For Filing Burn Injury Claims

    Managing burn injury paperwork before the legal filing deadline

    Each state has its own rules, so the time limit might be different depending on where the injury happened. The deadline depends on the statute of limitations in your state. In California, if you suffer a burn injury and want to file a lawsuit, you usually have two years from the date of the incident to do so.

    However, if your claim is against a government agency, you typically must file a special notice of claim within six months of the incident. If you don’t file your claim within these legal time limits, you could lose the chance to get compensation for your medical bills, lost wages, and pain and suffering. A personal injury attorney can help you understand the timeframes that may apply to your situation.

    Frequently Asked Questions About Compensation For Burn Injury Claims

    Many burn injury victims share the same concerns about getting fair compensation. Our personal injury lawyers have answered some of the most common legal questions on this topic. If you need advice for your specific situation, feel free to contact us directly.

    How Much Compensation Is A Burn Injury Claim?

    Burn injury compensation varies widely based on how serious the burns are, how much of the body is affected, and how the injury impacts your daily life and ability to work.

    Minor burns may lead to lower settlements, especially if they heal quickly and don’t leave lasting damage. More severe burns that require surgery, long-term treatment, or result in scarring, disability, or job loss often lead to significantly higher compensation.

    A personal injury lawyer can help assess your losses and pursue a claim that reflects the full extent of your damages.

    Who Should Be Responsible For The Damages After A Burn Injury?

    If someone’s careless or harmful actions caused your burn injury, they may be held legally responsible. Different individuals or parties could be at fault, depending on how the injury happened. What matters most is showing that someone else’s actions caused your injury.

    Some examples of people or parties who might be responsible include:

    • Manufacturers of dangerous or defective products.
    • Construction companies that don’t follow safety rules.
    • Property owners who don’t address fire hazards or unsafe conditions.
    • Employers who don’t provide proper training or safety equipment.
    • Landlords who ignore fire safety issues in rental homes.
    • Drivers involved in a car or truck accident that caused the burn injury.

    If you’re not sure who might be at fault in your situation, personal injury lawyers can help investigate and find out.

    What Legal Theories Can Be Used To Recover Compensation For Burn Injuries?

    Burn injury victim signing legal documents with attorney present

    There are legal doctrines that may apply to burn injury claims. Here are some of them:

    • Negligence — Most burn injury cases arise from negligence. To prove negligence, you must show all of the following:
      • The person or company that caused the injury had a legal duty to keep you safe.
      • They failed to meet that duty.
      • Their actions caused the accident that led to your burn injury.
      • You suffered real harm or damages because of the accident.
    • Strict Liability — Strict liability applies in certain cases, especially when a defective product causes an injury. You do not have to prove that anyone was careless. You only need to show:
      • The product was defective even though you used it properly.
      • The defect caused your injury.

      For example, a brand-new pressure cooker explodes while cooking, even though you followed the instructions. If you sustained burn injuries, the company that made the product could face liability.

    • Premises Liability — This applies when a burn injury happens on someone else’s property. The owner may be responsible if they do not keep the place safe. For example, if you rent a vacation home and the hot water is too hot with no warning, the owner could be held accountable under premises liability laws.
    • Intentional Torts — Intentional torts happen when someone hurts you on purpose. For example, if a person throws boiling water on you during a fight and you suffer burns, they could be held legally responsible for purposely causing your injury.

    The type of legal rule that applies to your case depends on how your burn injury happened. A personal injury lawyer can look at the details of your situation and figure out the best legal approach to hold the responsible party accountable.

    What Kinds Of Challenges Could I Face In A Burn Injury Claim?

    Like other legal cases, burn injury claims can come with challenges. Here are some of them:

    • Proving Who Is Responsible — Figuring out who caused the injury is not always straightforward. In some cases, it can be challenging. It could be a product manufacturer, a property owner, or a person who acted carelessly. When many people or companies are involved, it can take time to show who is at fault clearly.
    • Calculating Your Damages — Some damages are easy to measure. Others, like emotional distress or loss of enjoyment of life, are harder to calculate. These non-economic damages often require supporting evidence such as medical records, expert testimony, or written statements. A personal injury attorney can assess the full impact of your injury and identify all the types of compensation available to you under the law. Consulting a lawyer helps ensure that you do not overlook any part of your claim.
    • Dealing With Insurance Companies — Some insurance companies may try to deny your claim or offer less money than you need. They might say your injuries aren’t serious, delay responding, ask for unnecessary paperwork, or try to blame you for what happened. These tactics can be frustrating and confusing.

    If you find yourself thinking, “Do I need a personal injury lawyer to overcome these challenges?” The answer is yes. Personal injury lawyers understand how to navigate these complex situations. They can figure out who is responsible for your injury, estimate the full amount of your damages, and manage communication with the insurance company for you.

    Let Burn Injury Lawyers Help You Determine Fair Compensation

    You don’t have to face the legal process alone. Our burn injury lawyers at AK Law can evaluate your claim, gather evidence, and advocate for fair compensation.

    Our team, which also includes car accident lawyers, believes everyone deserves justice. That’s why we proudly serve clients from all backgrounds, regardless of immigration status. If English is not your first language, our bilingual staff can assist you. We speak Spanish, Italian, Farsi, Korean, French, Filipino, Japanese, Hebrew, and more.

    Our injury law firm works on a contingency fee basis. This means you don’t have to pay any legal fees unless we win your case. If your injuries make it hard for you to come to us, we can visit you anywhere in California. To schedule a free initial consultation, call us at (888) 488-1391.

    ABOUT THE AUTHOR
    Arash Khorsandi, ESQ
    Founder, Arash Law

    Arash Khorsandi, Esq. is the owner and founder of Arash Law, a large injuries and accidents law firm with offices throughout California. Over the years, Arash has built an all-star team of record-breaking lawyers, former insurance company adjusters, and the best paralegal staff in the country in order to ensure that his client’s cases result in the best possible outcome. In fact, our California personal injury law firm has won countless awards and distinctions in the field of plaintiffs Personal Injury law.

    Recover Lost Wages, Property Damages, and Medical Fees.
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    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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