Suffering from burn injuries is a life-changing experience. These injuries and the resulting scars cause physical pain and psychological trauma. Burn injuries are a result of auto accidents, tanning beds, chemical accidents, and premise fires. The injuries can cause permanent scarring that may affect your self-esteem, daily life, and ability to work.

In Nevada, you are entitled to compensation if you have suffered burn injuries and scars due to someone else’s negligence. You must file a claim with the at-fault party’s insurance or file a lawsuit in court before recovering compensation. Different factors will impact the amount you can recover as compensation.

You must present convincing evidence to warrant maximum settlement for your injuries and scars. It includes showing the defendant’s negligence and the impact of the burn injuries on your life. For this reason, having a skilled personal injury attorney by your side pays. Your lawyer will guide you through collecting evidence and presenting a solid personal injury case.

Process of Recovering Compensation for Burn Injury Scars

If you suffer a burn injury and scars due to another person’s negligence, you can expect to recover compensation. However, you must follow the correct procedures to seek compensation benefits. It helps you establish liability for your injuries and recover maximum compensation for the losses.

The process of seeking compensation for burn injury scars in Nevada takes the following steps:

  • Seek medical attention. The priority after a burn injury is to seek immediate medical treatment. During your doctor’s visits, you must ensure documentation of all your injuries. Your medical records are a critical piece of evidence in your compensation claim.

  • Document the incident. You should document the incident before seeking compensation for your burn injury scars. You can gather evidence, including photos of the injury and witness statements.

  • Consult an attorney. While pursuing your compensation for the burn injuries and scars, you will need expert legal insight. Your personal injury lawyer can help assess your case and gather more evidence. Additionally, they will guide you through the legal process and negotiate a favorable settlement.

  • File a claim. You can file a compensation claim with the at-fault party’s insurance company. Pursuing a claim involves negotiating a settlement and resolving the case out of court. You should wait until you receive a medical report from your physician before accepting a settlement. It ensures you have the correct details on the expected future treatments.

  • File a Lawsuit. If you do not enter a settlement with the insurance company, you can file a lawsuit in court. When you file the lawsuit, a judge determines the amount you can recover for your burn injury scars.

Factors Affecting Burn Injury Scars Compensation

Different factors influence the compensation for burn injury scars in Nevada. The court will consider each factor when determining the amount you deserve. They include:

Severity of the Burn

The severity of a burn injury is a primary factor in determining compensation. Burns are classified into degrees:

  • First-degree burns. These are the mildest types of burns. They only affect the outer layer of skin, called the epidermis. Symptoms of first-degree burns include redness, pain, and mild swelling. First-degree burns typically heal within 7-10 days without scarring.

  • Second-degree burns. These burns extend beyond the epidermis into the dermis, the second layer of skin. They cause blisters, intense pain, swelling, and redness. The skin may appear moist or shiny. Healing can take 2-3 weeks, and there is a risk of scarring. In severe cases, second-degree burn scars may need skin grafting.

  • Third-degree burns. Third-degree burns damage all layers of the skin, including the epidermis, dermis, and underlying tissues. The skin may appear white, charred, or leathery, with little to no pain due to nerve damage. These burns often require emergency medical intervention, including surgery. They can lead to permanent scarring or disability. Healing may take months and often requires skin grafts to restore the natural body appearance.

More severe burns require extensive medical care and may leave a permanent impact. Therefore, they will generally result in more significant compensation.

Extent of Scarring

In severe cases, burn injuries cause scarring to the skin. The extent of the scarring could also impact the amount you stand to recover as compensation. Compensation is higher if the burns result in significant or disfiguring scars.

Extensive scarring can impact one’s quality of life, including physical mobility and psychological well-being. Due to the visible scars, victims may experience pain, loss of function, and emotional distress, which necessitate a higher settlement.

Location of Scars

The location of the burn scars also plays a role in compensation. Scars on more visible body areas, like the face or hands, may increase the compensation awarded. Facial scars can severely affect your appearance, self-esteem, and social interactions. Therefore, you can receive a higher settlement or awards for injuries in these areas.

Medical Treatment for the Scars

Scarring caused by burn injuries can impact multiple aspects of your life. In addition to the physical injury, the scars can affect your emotional and mental well-being. Therefore, you can explore a variety of treatments to minimize their appearance and achieve normal skin.

The amount you spend on medical treatments can impact your settlement award when you file a claim. To determine your settlement, the court may consider the cost of surgeries, skin grafts, and ongoing treatment. Long-term care and rehabilitation are frequently necessary for severe burn injuries. As a result, you are entitled to reimbursement for both present and future costs.

Fault for the Injuries

Nevada is a comparative fault state. Therefore, you recover compensation depending on the extent of fault for each party. The degree of your fault in the accident can affect your compensation. You can recover compensation even in cases where you are partially at fault for the injuries. Under these circumstances, your compensation is reduced according to Nevada’s comparative fault laws.

Compensation Benefits for Burn Injury Scars

Individuals who suffer burn injuries that result in permanent scarring can seek compensation for a range of damages. The types of damages available are divided into economic and non-economic damages. Economic damages serve to compensate victims for financial losses resulting from the burn injury. They include:

Medical Expenses

Burn injuries require extensive medical treatment, ranging from emergency care to long-term rehabilitation. Medical expenses include hospital bills, medication, surgeries, and rehabilitation. Sometimes, burn victims undergo multiple surgeries, including skin grafts, even when the wounds recover.

These procedures help with the recovery and restoration of the skin. Sometimes, due to the traumatic nature of the injury, you may need physical therapy or psychological counseling. Medical expenses comprise a significant part of the compensation you expect to recover for your burn injuries.

The cost of medical treatment for burn injuries is overwhelming and could leave you financially drained. Victims of burn injuries can recover the cost of all medical care related to their injuries. If the injury causes permanent scarring, you may need ongoing medical care. Under these circumstances, you can recover compensation for future cosmetic procedures or psychological therapy.

These services help you address the emotional and psychological toll caused by burn injury scars. When you seek compensation for medical expenses after a burn injury, you must prove the amount you spent or expect to pay. You can prove your case by presenting invoices and medical records.

Additionally, you can seek expert testimony on the anticipated future medical needs related to the burn injury. Depending on the severity of the injury and the extent of the scars, the court may award compensation for both past and future medical expenses.

Lost Wages

The immediate impact of burn injuries requires medical care. Most victims may spend weeks or even months in the hospital, which may prevent them from working. Lost wages are the income the victim loses due to their inability to work during recovery. They include monthly salary, bonuses, overtime, and income from self-employment. In Nevada, victims of burn injuries are entitled to compensation for lost wages.

The process of calculating lost wages is straightforward. You can obtain a lost wages letter from your employer if you have a stable job. The letter shows the number of hours you work each week and the amount you earn each hour. The information helps determine the amount you lost when you were nursing your burn injuries.

Calculating the lost wages is more complicated for independent contractors and self-employed individuals. Under these circumstances, you can use your pay stubs and income tax returns to prove your lost amount. The following factors can affect your lost wages compensation for burn injuries:

  • The duration of your recovery. You can recover more compensation for your injury if it is expected to take a longer time to heal.

  • Your ability to return to the exact job position after full recovery can affect your settlement. If the injury leads to functional impairment, you may need to seek retraining for a different type of work.

Lost Future Earnings

After severe burn injuries, victims may experience permanent physical or psychological impairments. Under these circumstances, you may be unable to return to your previous occupation before the injury. Some scars cause disfigurement or an inability to perform physical tasks essential to your career.

Lost future earnings compensation provides financial support to victims who have a reduced earning capacity due to the permanent impact of the injury. You do not need to suffer a disability to recover this compensation.

You can claim compensation for lost earnings if your injuries have not healed by the time of your case settlement. The court can consider the following factors when awarding compensation for lost earning capacity:

  • Your age. Younger individuals with a longer working potential can recover more compensation.

  • Your health. Your health before the burn injury can impact the compensation you receive for lost earning capacity. You will recover less if you had other disabilities before the burns.

  • Education. Higher education levels can influence earning potential. Therefore, burn victims with more education and skills can recover more from this damage.

Depending on their severity, burn injuries can lead to life-altering consequences. In addition to the physical wounds, the scars can affect your emotional and mental. Non-economic damages aim to compensate you for the injury’s intangible toll on your life. The following are common non-economic compensation benefits you can recover for your burn injury scars:

Pain and Suffering

Burn injuries often cause intense pain and discomfort. The treatments needed to address the scars left behind by the injury can add to your pain. These could include multiple surgeries, skin grafting, and sometimes physical therapy. Pain and suffering is a significant non-economic damage that burn victims can claim. This damage category compensates you for the physical pain endured during the burn injury.

Burn injuries, especially third-degree burns that affect deep skin layers, can lead to long-term pain even after healing. In addition to the immediate pain, burn victims often experience emotional pain as they live with scars.

You cannot equate pain and suffering to a dollar value. However, you can recover compensation for the damage and its impact on your life. The severity of your burns and the extent of the scars can impact the amount you stand to recover from pain and suffering. If you have severe scarring, such as keloid, the pain may persist, contributing to an increased claim for pain and suffering.

Emotional Distress

Burn injuries can cause severe emotional distress. Anxiety, depression, and post-traumatic stress disorder can accompany the physical trauma of burn injuries and scars. Victims of severe burns undergo a drastic change in their appearance. The scars can lead to embarrassment, shame, or a loss of self-esteem. The emotional burden can cause social withdrawal and diminished personal identity.

In addition to the psychological effects, burn victims face ongoing distress from the healing process and the fear of future health complications. You can recover compensation for the emotional distress from the person liable for the injuries.

Loss of Enjoyment of Life

Burn injuries often result in significant lifestyle changes. Some victims cannot continue enjoying the activities they once enjoyed before the incident. The injuries and scars can affect your physical hobbies, such as sports or social interactions.

For example, a person who loves swimming might no longer feel comfortable in a swimsuit due to the visibility of burn scars. Similarly, someone who enjoys participating in social events might avoid such activities to prevent embarrassment caused by their scars.

In Nevada, loss of enjoyment of life is a valid form of non-economic damage. It refers to the reduction in the victim’s ability to take part in everyday activities due to the burn injuries. This type of damage compensates you for the diminished quality of life resulting from the lasting consequences of the burns.

Disfigurement and Permanent Disability

Scarring and disfigurement are the most visible and permanent effects of burn injuries. Severe burns can cause lifelong scarring. These scars could impact your appearance and result in functional impairments, like limited movement. Burns injury scars may cause the skin to tighten, restricting the range of motion and leading to permanent disability.

Nevada law allows victims of burn injuries to recover compensation for disfigurement and permanent disability. Permanent disability compensation covers the visible impact of scars. Disfigurement damages, on the other hand, cover the emotional trauma of living with an altered appearance.

Punitive Damages for Burn Injury Scars

Nevada law provides for punitive damages in burn injury cases. However, the circumstances surrounding the injury and the nature of the defendant’s actions will impact the award. Courts award punitive damages in cases where the defendant’s actions are malicious or reckless.

In burn injury cases, the court can award punitive and compensatory damages. Compensatory damages seek to reimburse the victim for their losses and injuries. On the other hand, punitive damages serve as punishment for the defendant and discourage future malicious or reckless acts.

To recover punitive damages, you must prove that the defendant’s actions were more than negligent. For example, the court can award these damages if the burn injuries resulted from arson. Nevada law limits punitive damages in certain circumstances. When assessing punitive damages for your burn injury scars, the court will consider the following factors:

  • The defendant’s financial status

  • The severity of the injury and extent of the scars

  • The defendant’s motive

  • Whether the defendant’s actions were malicious or oppressive

  • Burn injuries that leave permanent scarring may increase the likelihood of punitive damages.

Find a Competent Personal Injury Attorney Near Me

Burn injuries that result in permanent scars are life-altering. Victims of burn injury scars in Nevada have several legal avenues for pursuing compensation. Whether you file a claim with the insurance company or pursue a personal injury lawsuit, you can seek compensation for the injuries.

The compensation helps cover medical bills, lost wages, pain and suffering, and other damages resulting from the burn injury. Navigating a personal injury claim or lawsuit to recover these changes is complex. You must establish liability for your injuries and show the impact of the burn injuries and scars on your life. Burn injuries and scars can have a long-lasting effect on your physical, emotional, and financial well-being.

However, with the proper legal support, you can recover compensation for the full extent of your suffering and losses. At Las Vegas Personal Injury Attorney Law Firm, we offer expert legal insight for our clients battling personal injury claims in Las Vegas, NV. Contact us today at 702-996-1224 and allow us to guide you through securing a favorable outcome for your case.