Average Length of Time to Settle a Burn Injury Lawsuit

Whether you’re making dinner or stayed out in the sun too long, a burn injury can happen anywhere at any time. In some cases, burn injuries happen as a result of someone else’s negligence. If the wounds are serious enough, victims can suffer agonizing consequences, including hospitalization, multiple surgeries, amputation, and even death. If you’ve sustained a burn injury and someone else can be held responsible, you must speak to a lawyer right away about your legal options.

But what happens once you file an injury claim or lawsuit? If you’re working with an attorney, you should have been advised of the legal process, along with answers on the following topics:

• How much time does it take to get paid on a burn injury claim?
• Should I just agree to the insurance company’s offer and be done with it?
• How much can I get for my burn injuries?

Unfortunately, some lawyers fail to give their clients the attention and clear answers they deserve. That may be the reason you’re here today. Or, maybe you’ve had a recent accident and you’re trying to find out about the legal actions you can take. We’re happy to help you with both situations, and hope that the information below will shed some light on your questions and concerns. However, the answers we provide are based on the average of previous lawsuits and may not be an accurate reflection of your own accident. For more specific information, contact the lawyers of Normandie and schedule a free consultation.

What is the Amount of Time it takes to Settle a Burn Injury Claim?

In all honesty, there is no such thing as an “average length of time” for settling a burn injury lawsuit. There are many issues that contribute to a case timeline, and much of it depends on the complexity of your accident. Here are the three main factors that will determine how soon you can get paid in a burn injury case:

• How severe are your injuries?
• What is the impact your injuries will have on your life?
• How many other people were involved in the accident?

Generally, cases with severe injuries take longer to resolve, especially if there are multiple victims (for ex, bus accident, helicopter or plane crash). Serious injuries result in long-term, even permanent losses, and require high amounts of compensation as a result. As you can imagine, the higher the case value, the more resistance you’ll face from the responsible party.

As for minor burn cases, those may be settled in the first few months after the filing of an injury claim. We’ve had cases that were settled in just 30 days, but 3 to 6 months is a more realistic timeline. Much of this time is taken up by the insurance company, though that’s understandable since they’re dealing with hundreds to thousands of claims at once. Here at Normandie, the average time to get a response from an insurer is about 3 to 6 weeks. In many cases, the first offer is insufficient to cover the client’s losses. That begins the negotiation process between us and the insurance adjuster, which typically takes several months, since everything has to be done in writing.

This, by the way, is the process for resolving an insurance claim. A burn injury lawsuit is a whole different action, and some of you may not be there yet. So how do you know when you should file a lawsuit?

When a Burn Injury Claim becomes a Lawsuit

If your burn injury case is worth $10,000 or less, you have a good chance of working things out with the insurance company. These claims are normally settled in the first 6 months. Unfortunately, things get more complicated for cases with higher values. For one thing, the liable party’s insurance has a coverage limit, which may be inadequate to cover you for the full value of your losses. A lawsuit may be your best option in these cases. But even if the policy amounts are sufficient, insurance companies may engage in bad faith practices to wear down the client. They figure, the more delays they cause in your case, the more likely you are to give in and accept their low-ball offer.

When insurance companies start playing games, filing a lawsuit may be the only way for them to take you seriously and offer a fair compensation amount. But if they don’t, they have 30 to 45 days to respond to your lawsuit after it’s been served. They may be able to get an extension on this deadline, in which case, it will take 3 months or more just to get an initial response from your lawsuit.

Once the at-fault party responds, both sides prepare for a trial, though it’s unlikely that will happen. Your lawyer should be proactive by asking for a mediation date as soon as possible. Around 95% of all personal injury cases are settled during mediation, because frankly, going to trial is very expensive and time-consuming. However, the wait time between filing your lawsuit and getting to mediation is about 1 year in California. And that’s just for the first meeting; several conferences may be needed in order to reach a settlement.

If you still can’t reach an agreement for your burn injury case in mediation, you’ll have to go to trial, which can take anywhere from a few days to a few months. This again, is where the complexity of the accident comes into play. Depending on how soon you can get a trial date and the length of the trial, it may be 2 to 3 years before you get paid on a burn injury lawsuit.

We hope you’re finding this information helpful. However, we cannot advise you on the timeline of your own case without meeting you in person. If you’d like to discuss your claim with an experienced burn injury lawyer, give us a call and schedule a free consultation.

Compensation Awards for Victims of Burn Injuries

If you’re interested in how long it takes to settle a burn injury case, there’s a good chance you’re also wondering about the compensation you can receive from your lawsuit. Here are the main forms of compensation we request on behalf of our clients:

• Medical expenses for treating the injuries.
• Future medical costs for medications, additional surgery, physical therapy, etc.
• Lost wages from missed time at work.
• Loss of future earnings if you can’t work at all.
• Pain and suffering for emotional trauma.
• Property damage
• Legal fees
• Punitive damages

Punitive damages come up a lot in burn injury cases, and are awarded in cases of gross negligence by the defendant. But proving that a defendant’s conduct was especially outrageous, and that such conduct is directly responsible for the plaintiff’s injury is very challenging. The lawyers of Normandie have the knowledge and skill to bring you this award if your case meets the requirements for punitive damages.

Sadly, burn injuries can result in fatality, especially in traumatic accidents like fires and aviation crashes. Loved ones of the deceased individual may be able to file a wrongful death compensation claim for the following damages:

• Funeral expenses
• Medical bills up to the date of death
• Loss of expected income
• Loss of healthcare, pension , and other benefits
• Pain and suffering
• Loss of consortium

If you have questions on any of these compensation types, give us a call and speak to one of our attorneys. Knowing the damages you’re eligible to receive is the best way to ensure a fair compensation award.

Categories of Burn Injuries

We’ve talked a lot about the severity of burn injuries, but you may not be aware of how that’s determined if you’re just stating the lawsuit process. Here’s a quick overview of the 4 categories of burn injuries:

1. First degree burns

These burns are the least serious as they only damage the outer layer of the skin. They’re similar to sunburn and are categorized by redness, itching, and possible swelling.

2. Second degree burns

Second degree burns penetrate the top layer and go into the inner portion known as the dermis. The skin usually has a red, shiny appearance that may be accompanied by blisters. Many of these burns heal completely with proper treatment. However, more severe cases may result in permanent scarring or discoloration.

3. Third degree burns

With third degree burns, the skin usually turns yellow, brown, or black. These burns destroy the nerve endings along with the outer and inner layers of the skin. That makes them extremely serious injuries, so you must get medical attention right away. If enough of the body has been burned, the injuries can even cause death.

4. Fourth degree burns

Fourth degree is the most severe category of burns, causing damage to the areas underneath the skin, like bones and muscles. These are extremely painful burns with a black, charred appearance. Fourth degree burns are a medical emergency, as they can release toxins into the bloodstream. Limb amputation and death are not uncommon among fourth degree burn victims.

What is the Average Value of a Burn Injury Claim?

Now that you know about the damages you can receive, let’s talk about possible case values for a burn injury lawsuit in California. As with case timelines, it’s difficult to quote an average amount burn victims receive, but values for minor injuries range between $5,000 and $75,000. More serious cases involving third and fourth degree burns are worth $100,000 or more. We’ve even had cases that settled for several million dollars depending on the client’s losses.

Here are examples of previous settlements based on the category of injury. This should give you an idea of what’s possible in your own case, but only an attorney can provide you with an approximate value.

1. First degree burn case sample

A customer at an IHOP suffered burns on her fingers when a waitress spilled hot coffee on her hand. IHOP’s insurers offered $7,000 in compensation, which was accepted by the client.

2. Second degree burn case sample

The plaintiff was receiving thermotherapy to treat circulation problems associated with diabetes. She was burned on her stomach during a session and filed an injury claim. Eventually, she ended up filing a lawsuit, and the two sides agreed to a settlement of $23,000.

3. Third degree burn case sample

The client was involved in a car accident with a police car, and sustained third degree burns to her face and neck. The case went all the way to trial, where the jury awarded her $500,000.

4. Fourth degree burn case sample

A fire broke out in a small office building, but the alarm was defective and failed to go off. The plaintiff managed to escape but suffered fourth degree burns on his arms and legs. The burns on his left arm were serious enough to require amputation. In a jury verdict, the victim was awarded $9.5 million.
Our Recent Verdicts and Settlements

Can I Switch to Another Lawyer?

Yes, you are able to change lawyers even if you’re in the middle of a lawsuit. But it’s not a good idea in every case, nor should you make such a big decision without an attorney’s advice. If you’re unhappy with your attorney’s service, please consider a free second opinion with one of our lawyers. We can talk about any issues you have with your current attorney, such as:

• My lawyer takes weeks to return my call or email. Is that standard practice?
• My lawyer keeps asking me for documents I already sent in. Should I be worried?
• I just got a court notice that we’ve missed a filing deadline. Is this a red flag?
• Every time I ask him a question, the answers seem vague and overly general. Am I right to be concerned?

Frankly, these and many other issues can indicate a lawyer’s lack of organization and experience. But there are consequences to switching attorneys, and we would like to discuss them with you. If you’re sure that switching to one of our lawyers is right for you, we’ll take care of the transfer process so that you have nothing to worry about. If you’re ready to schedule a free second opinion, please don’t hesitate to give us a call.

Why Choose Normandie

It’s bad enough to be an injury victim, but it’s even worse when the responsible party denies liability, or tries to blame the victim for the accident. The pain from their injuries and financial insecurity can break the victim’s resolve and compel them to accept a low settlement offer. Guidance from a lawyer is the key to avoiding this trap, but many claimants are unable to afford legal representation.

At Normandie Law Firm, we believe in free legal representation for accident victims, which is why we’ve always offered a Zero fee guarantee. You will never pay upfront for our services, even if your case goes to trial. Our fees are paid by the responsible party as part of your settlement, and if we don’t win your case, you owe us nothing at all. Since there’s nothing to lose, please give us a call and speak with a burn injury lawsuit attorney.