Average Burn Injury Settlement in New Jersey

Suffering from a burn injury can be life-altering, leaving victims with physical scars, emotional trauma, and financial burdens. Understanding the average burn injury settlement in New Jersey is essential for anyone seeking compensation after such a traumatic event.

Average Burn Injury Settlement in New Jersey This blog explores the factors affecting burn injury settlements, New Jersey-specific laws, and actionable steps to maximize compensation.

Types of Burn Injuries and Their Severity

Burn injuries are categorized by their severity and the type of exposure. Each level can significantly impact the potential settlement amount. The primary categories include:

1. First-Degree Burns

  • Affects only the outer layer of the skin (epidermis)
  • Symptoms include redness, minor pain, and no blisters
  • Typically, it heals within a few days to a week
  • Settlements for first-degree burns are usually on the lower end unless complications arise.

2. Second-Degree Burns

  • Damage extends to the second layer of skin (dermis)
  • Symptoms include blisters, swelling, and severe pain
  • May require medical intervention such as debridement or skin grafts
  • Settlements tend to be moderate but increase with the need for ongoing care.

3. Third-Degree Burns

  • Affects all layers of the skin and may damage underlying tissues
  • Symptoms include charring, numbness (due to nerve damage), and potential amputation
  • Require extensive medical treatment, including surgeries and rehabilitation
  • Settlements for third-degree burns are typically higher due to the severity of injuries and long-term impact.

4. Chemical and Electrical Burns

  • Result from exposure to harmful substances or electrical currents
  • Often cause internal damage beyond the visible injury
  • Require specialized medical treatment
  • Settlements can be substantial, reflecting the complexity and severity of these injuries.

Common Causes of Burn Injuries in New Jersey

Burn injuries can result from various scenarios, and identifying the cause is critical for building a strong case. Some of the most common causes include:

  • Workplace Accidents: Particularly in industries involving chemicals, machinery, or electrical equipment.
  • Motor Vehicle Accidents: Fuel ignition or vehicle fires can result in severe burns.
  • Defective Products: Faulty electrical appliances, heaters, or flammable products can lead to burns.
  • Property Hazards: Negligent property maintenance, such as faulty wiring or lack of fire safety measures.
  • Scalding Incidents: They often occur in homes or restaurants due to hot liquids or steam.

Understanding the cause of your injury helps establish liability, a key factor in determining the settlement amount.

Average Settlement Amounts for Burn Injuries in NJ

While the specific amount varies, settlements for burn injuries in New Jersey generally fall into these ranges:

  • First-degree burns: $5,000 to $25,000
  • Second-degree burns: $25,000 to $100,000
  • Third-degree burns: $100,000 to $1 million or more
  • Catastrophic burns (e.g., chemical or electrical): Often exceed $1 million

Notable New Jersey Case Example

A notable incident in New Jersey involved a 74-year-old man, Cosimo Nistico, who filed a lawsuit against Dunkin’ Donuts after suffering second-degree burns from a spilt hot coffee. Nistico alleged that the lid of the coffee cup was not properly secured, leading to the spill and subsequent injuries.

In a similar 2014 case, a New Jersey resident, Jennifer Fragoso, sued Dunkin’ Donuts for burns caused by hot apple cider and won $2.4 million. 

In Brown v. Home Appliance Co., a consumer sustained burns when a newly purchased space heater malfunctioned and caught fire. The product was found to have a design defect that made it prone to overheating. The victim filed a product liability lawsuit against the manufacturer and the retailer, resulting in a $1.2 million settlement.

These cases underscore the importance of proper handling and safety measures to prevent burn injuries.

Factors That Influence Burn Injury Settlements

Several factors determine the final settlement amount for burn injury claims:

  1. Severity of the Injury
    • More severe burns typically result in higher settlements.
  2. Medical Costs
    • Includes emergency care, surgeries, medications, and rehabilitation.
  3. Lost Wages and Earning Capacity
    • Compensation for missed work and future inability to work.
  4. Pain and Suffering
  5. Negligence and Liability
    • Clear evidence of the at-fault party’s negligence strengthens your case.
  6. Insurance Coverage
    • The at-fault party’s insurance limits may affect the settlement.
  7. Comparative Negligence

Steps to Maximize Your Burn Injury Settlement

Taking the right steps after a burn injury can significantly impact your settlement:

1. Seek Immediate Medical Attention

  • Document your injuries and treatment thoroughly. Retain all medical records and bills.

2. Preserve Evidence

  • Take photographs of the injury, accident scene, and any defective products involved.

3. Consult with an Experienced Attorney

  • A skilled attorney understands New Jersey’s laws and can navigate the legal process effectively.

4. Avoid Speaking to Insurance Adjusters

5. Document All Losses

  • Keep a detailed record of medical expenses, lost income, and personal hardships.

6. File Your Claim Within the Statute of Limitations

  • New Jersey’s statute of limitations for personal injury cases is two years. Failing to file within this timeframe can forfeit your right to compensation.

Legal Rights of Burn Injury Victims in New Jersey

Burn injury victims have specific legal rights that must be protected. Key rights include:

  • Right to Compensation: Victims are entitled to compensation for medical costs, lost wages, and pain and suffering.
  • Right to Legal Representation: Working with an attorney ensures your case is handled professionally.
  • Right to a Fair Trial: Victims have the right to present their case in court if a settlement cannot be reached.

Understanding these rights ensures you’re not taken advantage of during the legal process.

How Rosengard Law Group Can Help

At Rosengard Law Group, we understand the devastating impact a burn injury can have on your life. Our experienced team is here to help you secure the compensation you deserve. We’ve successfully represented clients in cases involving:

If you or a loved one has suffered a burn injury in New Jersey, contact us for a free consultation, or Call us at (856) 284-6446.