Victims of burn injuries often suffer greatly, both physically and emotionally during recovery. Often the settlement of burn injury claims is greater than for those of other personal injury cases because of the long –term recovery considerations and the high levels of pain that result from the burn assault and recovery effects.

Attorneys are not able to accurately predict the magnitude of a settlement for any type of personal injury claim. But there are certain determinants that may qualify a claim as stronger than others, and in turn will mean receiving larger settlement offers or greater compensation. The burn injury attorneys at Azrael, Franz, Schwab and Lipowitz explain the factors that contribute to settlement negotiations for a burn injury claim.

The Fault of the Accident

When trying to reach a settlement, attorneys will take into account the circumstances surrounding the incident that caused the injuries. The setting and cause is important because it establishes how the injuries were caused as a result of another’s actions or inaction. Attorneys base settlement negotiations on what they believe a judge or jury would award a victim at trial. If a victim’s attorney can establish that the incident occurred as a result of the negligence or malice of another, it is likely that a settlement amount would compensate for that—similar to how a jury or trial judge would.

Damages

Compensatory damages are included in all cases of negligence. These include compensation for medical expenses, disability, disfigurement, lost earnings and physical and emotional pain and suffering. Because the injuries sustained from burns are extensive and the recovery period prolonged, compensatory damages for such cases are often higher than in some other personal injury cases. In burn injury cases, this compensation can be substantial due to the nature of the injuries, the ongoing physical pain and unremitting emotional trauma of severe burns.

In cases where it can be shown that the injuries were caused on account of the malice of the responsible party, a court is permitted to order punitive damages. Unlike the damages to compensate an injured individual for their personal losses, punitive damages are ordered for the purpose of punishing an individual or corporation for malicious or outrageous conduct.

What to Understand About Burn Injury Settlements

All personal injury settlement negotiations depend on the circumstances of each individual case. Victims of burn assaults often suffer relentless pain and emotional trauma after the incident. Attorneys take this into account when undertaking settlement negotiations on behalf of their clients.  The information provided above is a brief outline of what factors are considered when preparing for negotiations. If you or someone you love has suffered a burn injury, contact the experienced and compassionate burn injury attorneys at Azrael, Franz, Schwab & Lipowitz for a personal consultation.