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As the largest city in the US, Denver is well-known for historical landmarks, first-rare breweries, and world-class museums. Accidents that cause burn injuries are common in Denver. Burn injuries can be not only physically painful but also financially and emotionally devastating.
Filing a burn injury claim in Denver is the best option if you want to seek compensation for the injuries sustained. The amount of compensation one can get in a burn injury settlement can differ widely based on various factors.
In this blog post, we are going to discuss the crucial factors that play a major role in determining the settlement value of a burn injury case.
What is a Burn Injury?
A burn is an injury to the skin or other organic tissue caused by electricity, heat, friction, radiation, or chemicals. Water and steam from hot pipes are general causes of severe burn injuries in Denver.
There are four types of burns:
- First-degree burns: These are mild burns that only affect the outer layer of the skin, causing minor redness, pain, and minor swelling.
- Second-degree burns: These are more severe burns that damage both the lower and outer layers of the skin, resulting in severe pain, blisters, and possible scarring.
- Third-degree burns: These are severe burns that destroy all layers of the skin and the underlying tissues, causing blackened or white skin, numbness, and permanent damage.
- Fourth-degree burns: These are the most extreme burns that penetrate the skin and affect the muscles, bones, and tendons, causing loss of function, charring, and life-threatening complications.
What are the Factors Involved in a Burn Injury Settlement?
How and Where the Accident Occurred
The location and circumstances of the burn injury accident are the main factors in assessing the potential value of a settlement. Some burn injuries result from accidents that are completely the fault of another party.
In a few cases, the at-fault party can be held responsible for the victim’s injuries if the burn injury occurred in a setting where the defendant had a duty to maintain the victim’s safety.
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Any Medical Expenses Incurred
The severity of a burn injury usually determines the extent of medical treatment required. The more specialized and extensive the medical care needed, the higher the medical expenses will be.
Medical expenses include
- Wound care
- Hospital stays
- Prescription medications
- Surgeries
- Physical therapy
Future medical expenses may be factored into the settlement amount as well, particularly when the burn injury causes long-term scarring or complications. An experienced attorney will work with medical professionals to evaluate the expenses of future medical care and add them to the demand letter.
Any Lost Income
Burn injury victims require time off from work for healing. The lost income resulting from the inability to work can have an impact on the financial condition of the victim. A burn injury settlement may include compensation for lost income as well as lost earning capacity, particularly when the injury contributes to permanent or long-term disability.
It is necessary to document and provide evidence of lost income, including employment records, pay stubs, and medical statements from healthcare professionals confirming the need for time off work. Without the right documentation, it can be challenging to claim lost income.
The Amount of Pain and Suffering Endured
Pain and suffering are non-economic damages that are often difficult to quantify. However, they are also important components of burn injury settlements. The severity of the burn, the intensity of the pain, and the emotional trauma experienced by the victim and the potential for long-term suffering, scarring, or disfigurement all play a major role in determining the amount of compensation for pain and suffering.
Availability of Punitive Damages
In cases where the responsible party’s conduct is deemed particularly intentional or reckless, punitive damages can be awarded in addition to compensatory losses. Punitive damages are meant to punish the wrongdoer and deter them from similar behavior in the future. They are typically awarded when the defendant’s actions were malicious, grossly negligent, or fraudulent.
Punitive damages can significantly increase the burn injury settlement, but they are not available in every case. The availability of punitive damages differs from state to state, and the legal threshold for awarding them is relatively high. An experienced attorney will consider the circumstances of a burn injury case to determine if punitive damages can be claimed.
Key Takeaways:
- Getting the best settlement in a burn injury case is extremely difficult.
- Settlements may differ depending on the circumstances of each burn injury case.
- It is important to consult an experienced attorney who can calculate the best settlement value for your burn injury claim.
