Burn injuries can be exceptionally painful and life-altering, often requiring extensive medical care and rehabilitation. Because burns vary widely in severity, the process of valuing a burn injury in a personal injury claim can be complex. Below is an overview of how insurance companies and courts typically assess what a fair settlement or jury award might look like in these cases.

Severity and Degrees of Burns

Burns are classified by degrees, with each reflecting the depth and intensity of damage caused to the skin. 

• First-Degree Burns (Superficial Burns)
  • Only affects the outer layer of the skin, known as the epidermis. An example of a first-degree burn would be a mild sunburn. While first-degree burns may cause some pain and discomfort, they typically heal within a week or two and rarely cause long-term tissue damage. 
• Second-Degree Burns (Partial Thickness Burns)
  • Affects the epidermis AND the lower layer of the skin, known as the dermis. Second-degree burns can cause blistering, swelling, and significant pain. Healing may take several weeks and there's often a higher risk of infection. An example of a second-degree burn would be a severe sunburn or spilling scalding water on your skin. 
• Third-Degree Burns (Full Thickness Burns)
  • Fully destroys the first two layers of the skin and affect the lowest layer of the skin. The burn site may look white or blackened and charred. Examples of third-degree burns would be from flames, electrical outlets, or dry-ice. Third-degree burns may require skin grafts or reconstructive surgery to heal from and will most likely leave behind permanent scarring.
• Fourth-Degree Burns
  • Fully burns through the epidermis, dermis, and the lowest layer of the skin, reaching deeper tissue, muscle, and bone in some extreme cases. When burns are this severe, there is no feeling in the burn site because the nerve endings have been completely destroyed. Recovering from a fourth-degree burn will require extensive care, such as skin grafting, reconstructive surgery, or amputation of the affected limb, and will leave behind significant scarring. 

When your claim is evaluated, the degree of your burn and its potential for complications (such as infection or nerve damage) will carry significant weight. More extensive burns typically require more involved treatments, which directly impact the financial value of your claim.

How is the monetary value of my burn calculated?

• Extent & Cost of Medical Treatment

  • Emergency Room Visits
  • Hospital Admissions & Extended Stays
  • Surgeries (Skin Grafts & Reconstructive Procedures)
  • Rehabilitation (Physical and Occupational Therapy)
  • Ongoing Care (Scar Revision Treatments or Follow-Up Visits)
    
    

• Scarring and Disfigurement

  • Burn injuries often leave visible scars, which can cause physical and psychological challenges long after the wound has healed. Scarring on highly visible areas—like the face, neck, or hands—can affect your self-esteem, social interactions, and day-to-day activities. Compensation for disfigurement or permanent scars often comes in the form of non-economic damages, which address quality-of-life issues and emotional trauma that do not have a clear price tag.
    
    

• Pain and Suffering

  • Burns are notoriously painful injuries that can result in both acute and chronic discomfort. Pain and suffering damages focus on the physical pain and the emotional toll of the injury, including anxiety, depression, loss of enjoyment of life, and other forms of distress. Proving this component often involves:

    • Medical Testimony (doctors explaining the severity and ongoing nature of pain)

    • Psychological Evaluations (demonstrating mental or emotional harm)

    • Personal Journals (documenting day-to-day struggles and discomfort)

It is essential to track any mental health counseling sessions or medications you are prescribed, as they can support a claim for the emotional consequences of a burn injury.

• Impact on Employment and Future Earning Capacity

  • If your burns limit your ability to work—either temporarily or permanently—these limitations will also factor into your claim's value. This impact may be lost wages while you recover or reduced earning capacity if you can no longer perform the same duties as before. A vocational expert may be consulted to estimate how your employment prospects and potential earnings have been affected by your injury.

• Comparative Negligence and Liability

  • In addition to medical factors, legal considerations can influence the valuation of your claim. Comparative negligence rules, for instance, affect whether you share any responsibility for the accident. If the defense can argue that you contributed to the incident in any way, your compensation may be reduced by the percentage of your fault.

    It is crucial to work with an attorney who can help establish a clear line of liability against the party responsible for your burns, whether that is a property owner, a product manufacturer, or another individual.

• Insurance Policies and Coverage Limits

  • The compensation you recover often depends on insurance coverage limits. If the at-fault party's policy does not fully cover your losses, you may need to explore additional insurance sources—such as umbrella policies—or consider pursuing a personal lawsuit against the liable individual or business.

Document Your Claim

To maximize the value of your burn injury claim, it is vital to gather and maintain thorough documentation, including:

• Accident Reports (e.g., workplace incident reports, police reports)

• Medical Records and Bills

• Photographs of Your Injuries Over Time

• Work Absence Records and Pay Stubs

• Personal Journal Entries Detailing Your Daily Recovery Experience

The more evidence you have, the more clearly you can demonstrate the scope of your losses to insurance adjusters, judges, or juries.

Seek Legal Guidance

Because burns can have severe, long-lasting effects, it is crucial to obtain professional legal advice early in the process. An experienced personal injury attorney in Irvine can help you navigate complex negotiations with insurance companies, gather compelling evidence, and present a strong case for the full compensation you deserve.

If you or someone you love has suffered from a burn injury, contact our law firm today. We can help you understand your legal rights, pursue fair compensation, and guide you on the path to recovery.