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Receiving Compensation For a Burn Injury: How To Navigate the Claim Process

Burn injuries can take a devastating toll on the victim. Whether it’s a catastrophic burn that leaves permanent scarring or one that’s less severe, the physical, financial, and emotional impact can be traumatic. 

If your burn injury happens at work, in a vehicle accident, or at a favorite public gathering spot, you may be wondering about receiving compensation for your damages. If so, some expert advice on navigating burn injury claims may be just what you need to get started.

receiving compensation for burn injury

What To Do After a Burn Injury

Where and how the burn injury occurs can impact some of the steps you take in the claim process. For example, if a burn injury occurs at work, you must immediately notify your employer—this is a requirement for a worker’s compensation claim. 

If the burn injury is caused by an auto accident, you contact your personal injury protection (PIP) insurance provider. Your insurance should also cover burn injuries sustained at home. While who you contact to report the burn injury can vary, other steps in the claim process are the same regardless of where or how the accident occurs.

Make an Immediate Medical Appointment

If your burn injury only results in a painful blister, you can probably take care of it at home, and this also means you’re probably not filing a claim. 

After all, the damage is minimal, and the blister will disappear in a few days. Second, third, and fourth-degree burns are different. For these types of injuries, you should seek immediate medical attention if you’re not already on the way to the hospital in an ambulance.

Burn injuries typically require medical treatment to ensure proper healing, reduce scarring, and minimize your risk of developing an infection. You’re also going to need your medical records to help support your injury claim.

receiving-compensation-for-burn-injury

Collect Evidence

If you’re suffering from third or fourth-degree burns, don’t worry about collecting any evidence from the accident scene. 

Your injuries are severe and require immediate medical attention. However, if you’re able, try to document the scene, and this doesn’t mean turning into a detective or crime scene analyst. All you need to do is take a few photos with your smartphone.

Take pictures of where the accident occurred, along with your injuries—if there are witnesses to your accident, get their contact information. Their testimony can help support your accident claim, especially if your case ends up going to trial in civil court. 

In certain instances, claims escalate into personal injury lawsuits, which are subsequently adjudicated in a court of law to determine liability and compensation.

Save All Receipts, Bills, and Other Paperwork

Your burn injury claim will probably list damages like your medical expenses and lost income. You may also be dealing with property damage, which is common if your burns occur in a vehicle accident. 

Your burn injury claim may also include non-economic damages like pain and suffering. However, you can’t just list damages in your personal injury claim. You must submit corroborating evidence.

To help support your list of damages, save all paperwork relating to the accident and your injury, which includes all medical documents, including receipts for bills you may have paid. Prescriptions are an example. 

How Personal Injury Attorneys Simplify the Legal Process and Facilitate Your Recovery

If you’re including property damage, get more than one repair or replacement estimate. This way, the insurance adjuster has a few numbers to work with. Sometimes when you give the insurance company options, it’s a little easier to reach an agreeable settlement.

When it comes to your non-economic damages like pain, suffering, and mental anguish, you’re really not going to have a lot of supporting documentation. The reason here is simple: non-economic damages are intangible, meaning they don’t come with a price tag or receipt. 

However, your medical documents, property repair estimates, and past pay stubs can help you calculate your non-economic damages. Both the multiplier and per diem methods use these documents to help you come up with a total for your non-economic damages.

Consult With a Burn Accident Attorney

Even if you’ve documented the scene, gathered all your paperwork, and calculated your damages, you might still not be ready to navigate the claim process. The legalities involved in a burn injury accident claim can be complex, particularly when dealing with workers’ compensation insurance.

To help guarantee that your personal injury claim progresses smoothly and that you receive fair compensation, it’s usually best to work with an experienced accident attorney. This is especially important if your injury claim turns into a lawsuit headed for civil court—navigating a trial without legal representation can ultimately be daunting and detrimental to your case. 

An attorney can provide the expertise and support needed to effectively manage the legal intricacies and advocate for your best interests.

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