Need a Burn Injury Lawyer in New York?

Burn injury settlements in New Jersey can range from less than $10,000 to millions of dollars. Settlements vary widely because there are many factors involved that determine where a given injury falls within this range.

This article will help burn injury victims in New Jersey understand the potential value of a settlement and why they should seek legal representation. The personal injury attorneys at Rosenblum Law have extensive experience representing burn victims and others who have suffered injuries. Call us today for a free consultation.  

Understanding Burn Injury Settlements in New Jersey

The primary legal principle that governs burn injury claims in New Jersey is that of negligence. If a negligent party caused the burn injury, the victim is entitled to compensation. 

A variety of laws could come into play when attempting to prove negligence, depending on the circumstances of the case. Premises laws, building codes, worker’s compensation laws, OSHA regulations, and traffic laws can all play a role in proving negligence. 

New Jersey is what is called a modified comparative negligence state. According to Section 2A:15-5.3 of the state statutes, a percentage of fault can be placed on the victim if the victim’s negligence contributed to the accident. 

What this means in practice is that if the defendant is found to be 60% or more at fault, they must pay the full damages. If the defendant is found to be less than 60% at fault, they only must pay the percentage of damages equivalent to their degree of negligence. 

Furthermore, New Jersey allows for a percentage of fault to be found with multiple parties. Each negligent party is responsible for paying the percentage of damages equivalent to their percentage of fault. 

Types of Damages Available for Burn Injuries in New Jersey

New Jersey allows for special damages, general damages, and punitive damages in negligence cases.

Special Damages

Special damages are economic damages that have a clear value. These include:

• Medical expenses
• Loss of income and/or reduced earning capacity
• Rehabilitation expenses
• Cost of managing a disability
• Other out-of-pocket expenses

Special damages can include compensation for money already spent due to the burn injury, and/or compensation for money that will be spent in the future. For example, one can sue for ongoing medical expenses that will continue past the date of the settlement or trial. 

General Damages

General damages are non-economic damages that do not have a clear value. General damages include:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Permanent disfigurement

There is no set rule for calculating general damages. Typically a multiplier of one to five is assigned to the general damages based on the severity of the burn injuries, and that is multiplied by the economic damages to determine the total general damages. 

Punitive Damages

Punitive damages are rare and are only awarded if the defendant willfully and recklessly disregarded the consequences of their actions. The purpose of punitive damages is to deter the same behavior in the future. Punitive damages are capped at $350,000 or five times the compensatory damages, whichever is greater. 

Amounts for Different Types of Burn Injuries in New Jersey

The amount a burn injury is worth in New Jersey depends on the circumstances of the case and the extent of the injuries. However, we can give a ballpark figure on what to expect for different degrees of burn injuries.

First-degree burns are superficial, damaging only the skin’s outermost layer. Most first-degree burn injuries are worth $10,000 or less, and these cases are typically handled without an attorney. In fact, few attorneys take first-degree burn cases.

Second-degree burns are more serious and affect the dermis layer of the skin. Permanent scarring and skin discoloration can be expected with some second-degree burns, depending on how deep into the dermis the burn goes. The average compensation for a second-degree burn is $25,000 to $75,000. 

With third-degree burns, all of the skin layers are burned completely through. Third-degree burns also destroy nerve endings and can lead to extensive recovery times and even death. Third-degree burn injuries can be worth anywhere from around $100,000 to millions of dollars. 

The worst burns are fourth-degree burns. These involve more than just the skin, going deeper into the tissues beneath. Fourth-degree burn injuries result in permanent disability and scarring. Limbs or extremities with fourth-degree burns sometimes need to be amputated. Because of the severity of the burns, these cases are often worth millions of dollars.

Factors Influencing the Value of Burn Injury Settlements

There are many factors that influence the value of burn injury settlements in New Jersey. 

• Severity and extent of the burn injuries. The more severe the burn, the higher the compensation.
• Medical expenses, including past and future treatments. More severe burn injuries often require medical treatment beyond the date of the settlement or trial. 
• Lost wages and earning capacity. Wages lost during recovery are compensated at net pay. Loss of earning capacity is more complicated and is based on the severity of the permanent disability. 
• Pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more common in severe burn injury claims. Damages for loss of enjoyment of life can be awarded when there is permanent disability or disfigurement. 
• Permanent disfigurement or disability. Many burn injuries result in permanent scarring. Third- and fourth-degree burn injuries can lead to permanent disability. 
• Punitive damages. Rarely awarded, punitive damages in New Jersey are limited to $350,000 or five times compensatory damages, whichever is greater. 
• Wrongful death. Wrongful death damages are awarded when the victim dies as a result of their injuries. 

In wrongful death claims, one can also claim damages for loss of companionship. In addition, wrongful death claims can include damages for the deceased’s lost income, particularly when the victim was the primary breadwinner of the family. 

How an Attorney Can Assist Burn Injury Victims in New Jersey

It is necessary to have an attorney for second- to fourth-degree burn injury cases because of their complexity. 

The personal injury attorney will start with an initial consultation and case evaluation, after which they will be able to give some idea of the victim’s chances of success. An experienced attorney can place a fair value on the claim based on the severity of the injuries, economic damages, and potential noneconomic damages.

The attorney will then gather evidence, medical records, and expert testimony to support the case. If an insurance company is involved, which is highly likely, the attorney can work to negotiate a fair settlement to avoid taking the case to court. 

Throughout the process, the attorney handles all aspects of the case including paperwork and court proceedings so that the burn injury victim can focus on healing. 

FAQs

Call a Rosenblum Law Personal Injury Lawyer for a Free Consultation

Because valuing burn injury claims is a complex process, it is important to have a New Jersey personal injury attorney on your side. Equally important is tracking all of your economic losses so that you can be prepared to give this information to your attorney. Working closely with your attorney and being up front and honest about your disabilities after your burn injury is vital to success.

Rosenblum Law has handled many burn injury cases. Our attorneys are dedicated to providing compassionate guidance and support throughout the process. Contact us today to schedule your free consultation and case evaluation.