Louisiana Injury Lawyers Blog
If you’ve been hurt in an accident and suffered burns, you might be wondering how much your case is really worth. It’s normal to have many questions, especially when you’re handling expensive medical bills. The good news is, you don’t have to figure it out alone.
Keep reading to learn more about how much your burn injury claim is worth in Louisiana.
Key Takeaways
- The compensation that may be available for burn injuries includes economic damages, non-economic damages, and punitive damages.
- The average payout amount for burn injuries depends on how severe the injuries are, ranging from under $10 thousand to several million dollars.
- You should seek medical attention as soon as possible after a burn injury accident to protect your rights to compensation.
- To prevent issues with your personal injury claim process, contacting an attorney is a good idea.
What Burn Injury Compensation Is Available in Louisiana?
Beyond the physical pain you may face after suffering a burn injury, you may also encounter overwhelming expenses and emotional distress. To help you ease these financial and emotional burdens, Louisiana law allows you to pursue compensation. Here are some of the types of compensation available in Louisiana personal injury cases:
Economic Damages
Economic damages cover the losses the victim suffered that have an exact monetary value. Economic damages include:
- Lost wages
- Property damage
- Medical expenses
- Loss of earning capacity
- Physical therapy
- Funeral expenses
- Future medical care
Non-economic Damages
Non-economic damages compensate burn victims for suffering they’ve faced that doesn’t have a monetary equivalent, such as physical and emotional pain. This compensation covers, but is not limited to:
- Disfigurement and permanent scarring
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- Emotional trauma
- Post-traumatic stress disorder (PTSD)
Punitive Damages
Punitive damages are generally given in cases where the defendant displayed gross recklessness or negligence. This compensation is calculated based on:
- The at-fault party’s financial situation
- The actions the at-fault party took
- The danger you faced during the accident
- The risk others could face if the defendant isn’t punished
How Much Is Your Burn Claim Worth?
When you’ve suffered a burn injury in Louisiana due to the actions or negligence of someone else, it’s natural to think about the average amount you could be owed. Below are the average payout amounts for a burn injury claim:
First-degree Burns
First-degree burns only affect the outer layer of the skin and are usually considered minor injuries in Louisiana. On average, first-degree burn injury settlements are less than $10,000. Because of this, burn injury attorneys typically don’t pursue lawsuits for first-degree burns alone. However, if a first-degree burn happens along with more serious or catastrophic injuries, burn injury victims may wish to pursue legal action.
Second-degree Burns
Second-degree burns damage both the outer layer of the skin and the layers underneath. The value of a settlement for a second-degree burn often depends on how serious the injury is, how it affects the victim’s daily life, and the cost of medical care. Most settlements for second-degree burns fall somewhere between $25,000 and $75,000.
Third-degree Burns
Third-degree burns affect every layer of the skin and often reach the underlying tissues. Third-degree burns generally result in high settlement amounts because of the lifelong impact involved. In Louisiana, third-degree burn settlements usually fall between $100,000 and $1 million.
Fourth Degree Burns
Fourth-degree burns are the most severe burn injuries and often lead to permanent disability and damage to the skin, muscles, tendons, and bones. Because of the severity of the burn injuries, the at-fault party may be charged for punitive damages in a fourth-degree burn injury case. Lawsuits involving burn injuries of the fourth degree typically result in settlements ranging from $500,000 to several million dollars.
How To Get Burn Injury Compensation
Getting burn injury compensation goes beyond filing a claim. It’s about making sure you are fairly supported for the pain and medical bills you have to endure. Here are the processes to follow when seeking compensation:
1. Seek Immediate Medical Attention
Immediately after an accident, your first priority should be getting medical treatment. Even if the injuries seem minor, it’s important that you get checked by a healthcare professional. If your injury is severe, call 911 or visit the closest emergency room.
2. Contact an Attorney
When seeking compensation for your injuries, it’s important you work with a skilled personal injury lawyer. A New Orleans burn injury lawyer can guide you through the process, answer your questions, and give you the information you need to make the right decision for your case.
3. Gather Evidence
If you can manage it on your own, start gathering evidence at the accident scene. You can take pictures of the scene, your injuries, and any damage done to your property. If there were witnesses, you can get their contact information and ask them what they saw.
4. File an Insurance Claim
Once you’ve gathered enough evidence, the next thing you’ll have to do is file a claim with the insurance company. This is to officially tell the company about your injury and ask for compensation.
5. File an Insurance Appeal
Sometimes, insurance companies may reject your first claim, or they may offer less money than you need. If that happens, you and your lawyer can file an internal appeal with the insurance company.
6. Send a Demand Letter
If the at-fault party is uninsured, denying responsibility, or if your insurance appeal was rejected, your personal injury lawyer may send a demand letter. This letter is to inform the at-fault party that you plan on filing a personal injury lawsuit.
7. File a Lawsuit
If the demand letter isn’t responded to or the at-fault party continues to deny responsibility, your lawyer may file a lawsuit on your behalf. Your lawyer will also guide you through each step and make sure your rights are protected.
8. Negotiate Settlement
After filing a lawsuit, your attorney and the legal representatives for the insurance company or at-fault party may try to reach an agreeable settlement without your case going to trial. This negotiation phase can take some time and may involve other legal steps.
9. Go to Court
If a fair settlement isn’t reached through negotiation, it may be time to take your case to court. The trial process can take several years, and having an attorney by your side will be essential for ensuring a positive outcome for your case.
Do You Have a Strong Case for Compensation?
When thinking about filing a New Orleans burn injury claim for compensation, one of the first things to consider is whether you have a strong case. This can help you make plans concerning whether or not you’re likely to get the payout you feel you deserve. Here are the key points your lawyer has to prove in your personal injury case:
- Duty of Care – The at-fault party had a legal responsibility to prevent harm.
- Breach – The at-fault party failed in their duty of care.
- Injury – The accident resulted in some form of injury.
- Fault – The at-fault party’s failed duty of care directly caused your injury.
Do You Need a New Orleans Burn Injury Attorney?
Burn injuries can lead to overwhelming medical expenses, including surgeries and long-term rehabilitation. Pursuing a burn injury claim can also be incredibly complicated, especially when dealing with insurance companies. With all these challenges, it’s important to work with an attorney. Here’s what an attorney can do to help with your burn injury case:
- Investigate your case
- Help with negotiation
- Represent you in court
- Determine the at-fault party
- Provide legal advice and guidance
How Long Do You Have To File a Burn Injury Lawsuit in Louisiana?
In Louisiana, there’s a specific legal timeframe you can file a lawsuit. This timeframe is called the statute of limitations. In Louisiana, the statute of limitations on personal injury cases is two years. According to this rule, if you’ve suffered injuries due to a car accident or other personal injury accident, you have two years to file a lawsuit. However, there are some circumstances that can offer you less or more time to file a lawsuit. The best way to determine how long you have to file a lawsuit is to contact an experienced burn injury lawyer.
Get the Compensation You Deserve for Your Burn Injury Case
Suffering burns can leave you with a lot of medical expenses and even emotional damage. But you don’t have to carry that burden alone. In Louisiana, you’re allowed to seek compensation for burn injuries caused by the actions or negligence of others.
For proper guidance, you should work with an experienced burn injury attorney. At Cardone Law Firm, our skilled New Orleans personal injury attorney is ready to answer your questions, offer legal advice, and work to get you fair compensation. Contact us today for help with your case.