Does an insurance settlement cover disfigurement for a burn injury?
The First Art Newspaper on the Net    Established in 1996 Saturday, November 23, 2024


Does an insurance settlement cover disfigurement for a burn injury?



A burn injury can cause severe physical harm such as a disfigurement. A burn injury can be a result of fires or explosions, chemical spills, and also car accidents. Disfigurement or severe scarring from a burn is likely to have a life-altering impact on a person’s life, thus the need for an insurance settlement cover.

Disfigurement is a much more serious burn injury, and if caused by someone else’s negligence, you deserve compensation.

Some scars leave a lingering pain at the site, but disfigurement is a reminder of the pain and suffering you went through after the injury. It can also cause you embarrassment and make you self-conscious as well. So, it harms the victim’s well-being long after the accident occurs.

That is why disfigurement is often considered a factor in an insurance settlement cover for a burn injury. It is part of the rating in a permanent disability cover and influences the benefits that you will receive for that reason.

But this all depends on a proof. The following are ways to prove a case to receive a settlement from insurance that covers a disfigurement:

Where and How A Burn Injury Happened
Proof of where and how a burn injury happened is important because how bad the situation looks on the defendant’s side effects the amount the jury or judge will award at trial. A burn injury can occur in a variety of ways, including from the workplace, faulty consumer products, or intentional burning.

For example, at the workplace, if the burn injury occurs that will not have been preventable, the perceived value of the potential damages award at trial will be much lower than if the burn injury was caused by an employer’s failure to adhere to safety regulations.

The higher the proof of the perceived value the higher the settlement amount an insurance cover will award.

Negligence or Intention
If a defendant was negligent, the burn victim also has the right to claim punitive damages. This is meant to punish a defendant that acted negligently. A defendant that intentionally caused the injuries from a burn is liable for punitive damages.

Punitive damages for gross negligence is likely to be higher. For example, if a product manufacturer did not conduct any testing on a product, even though the product is on the shelves. When a plaintiff uses an oven mitt and is badly disfigured from a burn injury, the oven mitt manufacturer is likely to be charged higher amounts of money in a trial.

Thus, the threat of a punitive damage claim will make the oven mitt manufacturer more likely to settle for an insurance settlement cover at a higher amount than otherwise.

Physical and Emotional Suffering
Claims for an insurance settlement for a general burn injury can be the same as for damages on the table in other personal injury cases. However, disfigurement is extraordinarily painful and leads to pain and suffering, not forgetting it takes a toll on a person’s emotional wellbeing.

Therefore, an insurance settlement cover for disfigurement should not only compensate the victim for the physical pain, but also for emotional pain the victim will continue to suffer. An emotional suffering award takes into account depression, embarrassment, and any other negative emotional feelings likely to be experienced by the victim due to the disfigurement.

For example, a victim with a badly disfigured face is likely to receive a much high settlement than a victim with a disfigurement at the back of his or her back.

Settlement You Can Receive Following A Disfiguring Claim for a Burn Injury
There are several damage claims to file to obtain compensation for disfigurement for a burn injury. An attorney will assess a victim’s losses and determine what type of compensation he or she is eligible for. Generally, the following damage claims apply:

• Medical Expenses: a disfigurement from a burn will require sophisticated treatment that is very costly. For example, a victim may need to undergo multiple surgeries, long-term counseling, etc. The defendant will be required to pay for all victim’s current and future medical expenses.

• Lost wages: A plaintiff will not be going to work as he or she recovers from the injury. The disfigurement can lead to permanent loss of a job. A plaintiff is entitled to lost wages and lost earning settlement.

• Pain and suffering: furthermore, a victim experiences intangible loss as a disfiguring burn is not only physically painful but also affects his or her mental and emotional state. A disfigurement in a highly visible part of the body brings emotional distress, for example, depression or anxiety. A plaintiff should have a lawyer prepare an expert report to claim monetary value for pain and suffering.

What to do as Part of Evidence Gathering After Disfigurement from a Burn
Even though an attorney plays a major role in proving a victim’s case, he or she can also be of help in the aftermath of the burn injury by:

• Reporting to relevant authorities, for example; the employer, police or property owner
• Receive medical attention right away from a registered health institution
• Get names and contact details of eyewitnesses
• Talk to a lawyer firsthand

Sources
https://www.terrybryant.com/personal-injury-lawyer/houston-burn-injury-lawyer










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