How Is Pain and Suffering Calculated in Burn Injury Cases?
Suffering from a burn injury can be incredibly painful. If your injury was caused in an accident due to someone else's negligence, you have a legal right to pursue compensation for your injury. While most people consider monetary compensation to cover medical bills and their physical recovery, you can also pursue non-economic compensation for the pain and suffering you endured.
At the Law Offices of Steven Zwick, based in Orange County, California, we are skilled at handling burn injury cases and helping our clients pursue comprehensive compensation for both physical injuries and emotional distress. We can help you understand how to pursue compensation and how California courts calculate pain and suffering in an injury claim.
Types of Burn Injuries
According to Johns Hopkins Medicine, burns are painful skin injuries caused by exposure to heat sources (e.g., hot metals, flames, steam), prolonged sun exposure, exposure to harsh chemicals, or exposure to strong electrical currents. Burns are classified into three categories depending on how deeply they affect the layers of skin:
First-degree burns: Also called superficial burns, these are relatively minor and typically affect only the outer layer of skin. The skin will appear red, feel painful, and be dry. Blisters typically do not form. Mild sunburn is a common example.
Second-degree burns: Also called partial-thickness burns, these burns affect the first and second layers of skin. The burn will often appear red with swelling and blisters, and can have significant pain. Second-degree burns can sometimes cause scarring. A common cause of second-degree burns is touching a hot stove or spilling boiling water on the skin.
Third-degree burns: These are the most severe type of burn. Also called full-thickness burns, these affect all layers of the skin and may sometimes damage the fat, muscle, tendons, and bone. The burn will typically appear black, brown, or white, and there will often be little to no pain since third-degree burns typically destroy the nerve endings.
The severity and impact of the burn will depend on how long you were exposed to the source and the strength of the medium that caused the burn. When discussing compensation for a burn injury that was caused in an accident or by someone else's negligence, the pain and suffering you experience is often taken into consideration for the final compensation reward.
What Is Pain and Suffering Compensation?
Under California law, you have the right to pursue compensation for any injury you suffered due to someone else's negligence. While most consider compensation as financial reimbursement for medical bills and lost wages, California allows you to pursue compensation for any pain, suffering, or emotional damage that you experienced as well.
Pain and suffering, commonly referred to as "general damages" under California law, is a form of compensation that provides damages for non-monetary injuries that you experienced following a burn injury. This can include:
Chronic pain
Anxiety and emotional suffering
Long-term disability
Inability to partake in daily activities and hobbies
These damages fall under the pain and suffering category because they don't have a specific monetary value. However, they can severely impact your ability to pursue a normal life after your accident.
How Pain & Suffering Is Calculated
California law does not follow a specific method for determining pain and suffering after a burn injury. The courts, instead, will base their determination on the severity of your injury, the amount of pain you experience on a daily basis, how long it will take you to recover from the burn injury, and how much the injury has impacted your life.
In many cases, the courts use a multiplier method to determine a reasonable minimum amount for pain and suffering compensation. According to the Sacramento County Public Law Library, this method will multiply the medical special damages you receive by a factor between 1.5 and 5. The number chosen will depend on the severity of the burn.
For example, if you suffered a severe second-degree burn and have $1,000 worth of medical bills, the minimum amount you would be eligible to recover would be $1,500 for pain and suffering. If you suffered a devastating third-degree burn that limited your engagement in daily life and left you with $50,000 in medical bills, the minimum amount you could be awarded would be $250,000 (five times your medical bill amount).
Once the courts have determined your award for pain and suffering, this amount will be added to any compensation you received for monetary damages, such as medical bills or lost wages from work. If you have suffered a burn injury, contact us at the Law Offices of Steven Zwick today to schedule a free consultation and explore your options for pursuing compensation.
Contact an Experienced Personal Injury Attorney in Orange County, California
Burn injuries can range significantly in their severity and impact on your daily life. In extreme cases, burns can leave you with chronic pain, discomfort, and distress. If you have suffered a burn injury in California, you have the right to pursue compensation for pain and suffering in addition to monetary damages.
At the Law Offices of Steven Zwick, we are experienced in handling burn injury cases throughout Southern California. Whether you've suffered a minor first-degree burn or a devastating third-degree burn due to someone else's negligence, we can help you file a claim to recover the compensation you need.
We proudly represent clients across Orange County, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.