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Burn Injury Compensation in 2024: Factors Affecting Your Case

The compensation for a burn injury can vary significantly based on several factors, including the severity of the burn, the extent of medical treatment required, the impact on the victim’s life and livelihood, and the circumstances surrounding the injury. It’s essential to consult with a qualified personal injury attorney to evaluate the specific details of the burn injury case and determine the appropriate compensation amount.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Understanding Your Rights and Options

If you or a loved one has suffered a burn injury, you are likely dealing with overwhelming medical bills, physical pain, and uncertainty about the future.

The road to recovery can be long, and knowing your compensation rights is essential. Whether your injury was caused by negligence, defective products, or unsafe work conditions, you may be entitled to financial compensation.

This guide breaks down what factors affect burn injury settlements, how disability benefits work, and what long-term challenges victims face.

Burn Injury Settlement Amounts

According to M&Z, a burn can be one of the most painful types of injuries. Burns are generally classified into 4 degrees of severity, with 4th-degree being the most severe. The burn’s severity directly correlates to the expected compensation payout the victim receives either by out-of-court settlement or at trial [1].

The amount you can receive for a burn injury varies widely based on the severity of the burn, the percentage of your body affected, and the circumstances surrounding your case.

Severity and Settlement Ranges

  • First-Degree Burns (Surface-level burns, similar to sunburns) – Settlements typically fall under $10,000 due to minimal long-term impact.
  • Second-Degree Burns (Damage extends to the deeper dermis, often causing blisters) – Settlements range from $25,000 to $75,000, depending on the area affected and recovery time.
  • Third-Degree Burns (Full-thickness burns that destroy nerve endings, causing permanent scarring) – Compensation varies significantly, from $100,000 to several million dollars.
  • Fourth-Degree Burns (Severe burns that reach muscles and bones, often requiring amputation) – Settlements often exceed millions of dollars, especially when liability is clear.

Factors That Impact Settlement Amounts

  • Size of the burn: A second-degree burn covering 30% of the body may lead to a higher payout than a third-degree burn covering only 5%.
  • Medical expenses: The cost of surgeries, skin grafts, and rehabilitation significantly influence settlement amounts.
  • Lost wages and earning potential: If your burn injury prevents you from returning to work, your settlement may include compensation for lost income.
  • Pain and suffering: Courts consider both physical pain and emotional distress when determining compensation.
  • Liability: Establishing who is responsible (e.g., an employer, landlord, product manufacturer) affects the strength of your case.

How to Strengthen Your Claim

  • Document all medical treatments and expenses
  • Take photos of your injuries from the start
  • Keep a pain journal to track symptoms and emotional distress
  • Seek legal guidance early to avoid settlement pitfalls

Do Burn Victims Qualify for Disability Benefits?

Securing Social Security Disability Insurance (SSDI) for burn injuries can be challenging. Many claims get denied due to insufficient medical documentation. If your burns have resulted in long-term disability, you may qualify under two SSA Blue Book listings:

  1. Surgical Burn Management Injuries – If your burns require surgical treatment and the healing process is expected to last over a year, you may be eligible for SSDI.
  2. Untreated Burn Injuries – If burns cause severe scarring, nerve damage, or mobility limitations that persist for more than 12 months, you may qualify for disability benefits.

Steps to Improve Your SSDI Approval Odds

  • Get a detailed doctor’s statement outlining expected recovery time and long-term effects
  • Provide evidence of surgeries, medications, and physical therapy
  • Consult a disability attorney to help navigate the complex application process

Long-Term Challenges for Burn Victims

Severe burns do not just affect the skin. Many victims experience chronic health issues that require lifelong medical care. A 2019 study in Burns & Trauma found that burn survivors face increased risks of:

  • Cardiovascular disease – Increased stress on the heart can lead to complications.
  • Mental health issues – Anxiety, PTSD, and depression are common among burn victims.
  • Digestive problems – Burn injuries can disrupt metabolism and gut health.
  • Musculoskeletal disorders – Scarring and nerve damage may lead to mobility issues.

How to Plan for Long-Term Recovery

  • Work with a physical therapist to regain mobility
  • Join a burn survivor support group for emotional healing
  • Apply for ongoing medical benefits to cover future expenses
  • Speak with a financial advisor to plan for long-term medical costs

Burn Statistics and Treatment in the United States

  • Burn Injuries Receiving Medical Treatment: 398,000 – Source: CDC, National Hospital Ambulatory Medical Care Survey 2021 (accessed January 2024)
  • Fire/Smoke Inhalation Deaths: 3,800
  • Of the total 3,800 fire/smoke inhalation deaths, 3,010 are due to structure fire, and 680 are due to motor vehicle fire. This equates to one fire-related death every 2 hours and 17 minutes. – Source: National Fire Protection Association, Fire loss in the US trend tables 2021 (accessed January 2024)
  • National Hospital Burn Admissions Per Year: 29,165
  • According to the Healthcare Cost and Utilization Project (HCUP) National Inpatient Sample (NIS), the 29,165 burn admissions per year (weighted estimates) represent 88.5 admissions per million lives per year.
  • There were 795 inpatient deaths (overall mortality 2.7%) and, of those admissions, 15,280 (52.4%) were for minor injuries not requiring surgical treatment with an inpatient mortality of 0.36%.
  • Extensive burns requiring surgical treatment and prolonged mechanical ventilation accounted for 1,290 (4.4%) of all admissions with an inpatient mortality of 17.8%. Deep burns requiring surgical treatment without prolonged ventilation were 9,340 (32%) of all admissions and had an inpatient mortality of 2.6%.
  • Burn centers are not labeled in the NIS; however, 94 hospitals admit at least 100 burn encounters per year. These facilities were responsible for 81% of all burn admissions and had a median burn admission/year of 203 (interquartile range 140, 305).
  • Burn admissions were most common May-August with 37.5% of all admissions occurring in this period (i.e. 37.5% of admissions during 33.3% of the year). US Census Area 5 (South Atlantic) had the most admissions (26.0%) while US Census Area 1 (New England) had the fewest admissions (3.0%).
  • In terms of demographics, of all burn admissions in the US, 33.3% were female, 57.1% were White non-Hispanic, 19.6% were Black non-Hispanic, 14.5% were Hispanic of any race, 2.6% were Asian/Pacific Islander, and 0.8% were Native American.
  • For primary payors, 20.1% had Medicare, 33.3% had Medicaid, 26.6% had private/commercial insurance, and 10.2% were uninsured/self-payer.
  • Age had a multimodal distribution. For those under 18, the median age of injury was 3 years with an interquartile range of 1 to 8. For adults, the median age of injury was 49 years with an interquartile range of 33 to 62.
  • Source: 2020 Healthcare Cost and Utilization Project (HCUP)/National Inpatient Sample (NIS) data (accessed January 2024; all figures are weighted for national estimates; includes both burn centers and non-burn centers)

Why These Stats Matter for Your Case:

  • High burn treatment costs mean insurers may push lowball settlements.
  • The prevalence of severe burns reinforces the need for long-term care planning.
  • Understanding these figures can help set realistic settlement expectations.

FAQs

How long do burn injury claims take?

Burn injury claims typically take between 6 to 18 months, depending on the severity of the injury, the complexity of the case, and whether a settlement is reached or the case goes to trial.

Should I accept the first settlement offer?

It is usually best to consult an attorney before accepting an offer. Insurance companies often propose lower settlements initially, hoping claimants will accept less than they deserve.

What if my employer is at fault?

If your employer is responsible for unsafe conditions leading to your burn injury, you may qualify for workers’ compensation or a personal injury lawsuit to cover medical costs and lost wages.

Can I sue for emotional distress?

Yes, burn injury victims can seek compensation for emotional distress, including PTSD, anxiety, and depression, as part of their lawsuit, provided there is medical or psychological evidence supporting the claim.

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Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.millerandzois.com/practice-areas/burn-injury-lawsuit/

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