Common Burn Injuries
A burn can be caused by chemicals, electricity or fire. Regardless of cause, however, a burn is the destruction of layers of skin. Burns range in severity and, if very severe, can destroy the entire skin surface and expose a victim's organs. Burns commonly affect the extremities first, such as the face and hands. There is no specific treatment for burns. Treatments depend on the severity of the burn, and include cleaning, administration of antibiotics and fluids, and even skin grafts. Burns can leave a victim scarred for life and sometimes cause death.
Economic Damages
Economic damages refer to the financial losses the victim sustained in the form of lost wages, medical expenses and other calculable costs due to their burn. Lost wages are paid for in the exact dollar amount not received. Compensation for future lost wages is estimated based on the length of time that the claimant expects to be unable to work. It may include anticipated promotions and inflation.
Medical expenses incurred prior to the settlement are paid for on a dollar-for-dollar basis. The plaintiff must usually only provide receipts showing their payment or the balance due. Future anticipated medical expenses are compensated for according to the types and extent of treatment the burn victim is expected to need. Medical records and expert physician testimony or reports are relied upon to determine this amount.
Pain and Suffering
Pain and suffering is considered a non-economic damage because it is not tied to any specific aspect of the burn, but is instead based on the general pain caused to the victim. Usually, the more serious the burn, the more money the victim receives. These damage awards are not directly tied to any specific aspect of the burn, however.
Punitive Damages
Punitive damages are compensation awards given to a victim solely as a means of punishing the defendant. Most states either prohibit punitive damages totally or limit them in their amount according to how much other compensation the victim receives. If allowed, they can only be awarded if the plaintiff shows that the defendant acted with intent to harm or with a recklessness that a normal individual would know could harm someone else. Settlements usually do not identify one party as responsible for the injury. Because of this, punitive damage awards are not included in settlements.
Getting Legal Help
If you want to obtain compensation for your burn, seek legal advice. An attorney will review the facts of your injury and discuss the amount of compensation you could receive.
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