الجمعة، 10 فبراير 2012

How do I calculate for burn injury pain and suffering in a settlement?



Compensation for pain and suffering that arises from a burn injury(ies) is determined by several factors. Usually burn injuries result in some scarring and other forms of disfigurement that may be permanent. Victims receive general damages to compensate for these types of injuries. General damages are non-economic damages that are usually case-specific and usually not as easily quantifiable as are economic or special damages. Courts will look at the severity of the burns; more compensation is usually given for third-degree burns which usually damage the skin as well as the surrounding nerves and blood vessels.
Special damages, or economic damages, are those that can be calculated through paper trails such as medical bills. Most burn injuries require prolonged and successive medical treatments that may add up into the hundreds of thousands. Any compensation requested must take into consideration past, present and future medical expenses associated with the burn injury treatment.
The overall value of a burn injury damage claim is the value of the special damages and lost wages as the result of the burn injury. Added to this figure is the amount requested for pain and suffering. Subjective factors for pain and suffering may include the following (this list is not exhaustive):
  • The severity of the plaintiff’s injuries;
  • Whether the injury resulted in permanent disfigurement, paralysis, or the loss of a limb;
  • The likelihood the plaintiff will fully recover from the injuries;
  • The degree of pain associated with the plaintiff’s injuries;
  • The degree of pain associated with the medical treatments and procedures received by the plaintiff;
  • Whether the plaintiff has a high tolerance for pain;
  • The impact of the injuries on the plaintiff’s daily life and activities; and
  • Whether the injuries prevent the plaintiff from ever working.
Ultimately, these three figures - special damages, lost wages, and general damages - becomes the total value of the burn injury claim.
Talk with an experienced attorney regarding compensation for a burn injury pain and suffering claim.

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