A severe burn is one of the most painful and traumatic injuries a person can endure. It’s an injury that attacks you on every level—the excruciating physical pain is matched only by the emotional and psychological trauma of disfigurement. As you navigate a grueling recovery process of skin grafts, surgeries, and wound care, the last thing you should have to worry about is fighting with an insurance company. Yet, that is the reality for many burn survivors. Insurance companies often fail to grasp the true, lifelong cost of a serious burn, and their settlement offers can be insultingly low.
If you have suffered a burn injury because of someone else’s negligence—whether from a car accident, a workplace fire, or a defective product—you have the right to demand a settlement that accounts for every aspect of your suffering. Getting a fair settlement is not just about covering your current medical bills; it’s about securing your future. This guide will explain the key steps to building a powerful burn injury claim and fighting for the full compensation you deserve.
Understanding the True Cost of a Burn Injury
A fair settlement is one that covers all of your past, present, and future losses. For a burn survivor, these losses are extensive. An insurance company may only see the initial hospital bill, but an experienced Georgia burn injury attorney knows that the real costs have just begun. A comprehensive settlement must account for:
- Extensive Medical Treatment: This includes emergency care, hospitalization (often in a specialized burn unit), multiple skin graft surgeries, reconstructive plastic surgery, and infection control.
- Long-Term Rehabilitation: The cost of physical and occupational therapy to regain mobility and function, as well as psychological counseling to cope with the trauma and disfigurement.
- Future Medical Needs: Many burn survivors require future surgeries to release scar tissue or to improve their cosmetic appearance. These future costs must be expertly calculated and included in your settlement.
- Lost Income and Earning Capacity: You must be compensated for the time you missed from work during your recovery, as well as for any long-term reduction in your ability to earn a living due to physical limitations or disfigurement.
- Pain, Suffering, and Emotional Distress: This is a critical component of a burn injury claim. It is compensation for the immense physical pain, the emotional trauma of your experience, and the psychological impact of living with permanent scars.
Steps to Building a Strong Burn Injury Claim
Insurance companies will not simply hand you a fair settlement. You have to build a case that forces them to recognize the true value of your claim. This involves several key steps:
1. Preserve All Evidence
From the very beginning, it is crucial to preserve all evidence related to the accident and your injury. This includes taking photographs of the accident scene and your injuries, saving any defective products that may have caused the burn, and keeping detailed records of all your medical treatments.
2. Document Your Journey
Keep a personal journal. Write down your daily pain levels, the challenges you face in your recovery, and the emotional impact the injury is having on your life. This journal can become a powerful piece of evidence to demonstrate the reality of your pain and suffering to a jury or an insurance adjuster.
3. Follow Your Doctor’s Orders
Adhere strictly to your treatment plan. Attend all of your physical therapy appointments and follow through with all recommended procedures. If you fail to follow your doctor’s advice, the insurance company will argue that you are not taking your recovery seriously and that your injuries are not as severe as you claim.
4. Hire a Lawyer Who Understands Burn Cases
This is the most important step you can take. Burn injury cases are not like other personal injury claims. They require a deep understanding of the medicine, the psychology of burn survivors, and the specific legal strategies needed to prove the full value of the claim. Your attorney will work with a team of experts—including plastic surgeons, life care planners, and vocational experts—to build a comprehensive and undeniable picture of your losses.
Frequently Asked Questions (Q&A)
Q: What is the most important factor in determining a burn injury settlement?
A: The single most important factor is the severity and permanence of the burn. A third-degree burn that causes permanent scarring and requires multiple surgeries will result in a significantly higher settlement than a first-degree burn that heals completely. The impact on your ability to work and enjoy life is also a critical component.
Q: Should I accept the insurance company’s first settlement offer?
A: No. The first offer from an insurance company is almost always a lowball offer made before the full extent of your injuries and future medical needs are known. You should never accept a settlement until you have completed your medical treatment and consulted with an experienced burn injury attorney.
Q: How much does it cost to hire a burn injury lawyer?
A: You pay nothing upfront. Reputable personal injury lawyers work on a contingency fee basis, meaning they only get paid if they successfully recover a settlement or verdict for you. Their fee is a percentage of the recovery, so their interests are directly aligned with yours.
A Fight for Your Dignity and Your Future
A severe burn injury can take so much from you—your health, your appearance, and your sense of security. The legal process is your opportunity to take some of that back. It is a fight for the resources you need to rebuild your life and for the acknowledgment of the immense suffering you have endured.
You do not have to face this fight alone. Our compassionate and dedicated legal team is here to be your advocate and your voice. If you or a loved one has suffered a serious burn injury, we invite you to contact us for a free, confidential consultation. Let us handle the legal battle so you can focus on what matters most: your healing. Visit our homepage to learn more.