In those serious injury cases where the damage is a burn injury and significant scarring or disfigurement is present, it sometimes is difficult to estimate the settlement value of such a claim. Even if the plastic surgeon is able to give a reliable figure of future medical expenses, assuming more surgery is needed to address the problem, nonetheless, these cases are difficult to evaluate because most of the damages are intangible. The disfigurement of the scar, where the scar is located, whether it can or cannot be revised, all of these are factors that go in determining fair compensation for the unfortunate victim of a burn injury.
If a professional model has her face disfigured by a burn injury, obviously, the claim involves not only the emotional and mental anguish associated with the injury but also lost wages. If someone has to work outside in the sun and they have a serious burn injury, their career options can be quite limited. Again, some serious burn injuries have vocational consequences whereas many others are aesthetic in nature and have mental and emotional anguish associated with them. These cases truly are unique because every case must be judged by its own facts, particularly the amount of future pain and suffering that might be associated with a disfigurement. Even if there is no acute pain from exposure to sunlight or otherwise, the disfigurement alone is a permanent injury which must be assessed based on the victim’s life expectancy.
Because burn injury cases are so unique, it is necessary to consult closely with the client’s treating physician so that future damages can be calculated and the client’s medical prognosis for improvement can best be understood. Once all of the data is available, depending upon the client’s vocational status, their sex, their age and the nature of their burns, it is possible to arrive at an estimate of future damages that would constitute fair compensation for the injured individual. While all cases are unique, obviously, experienced counsel should be involved in the process to make sure that the client receives the best advice possible given the facts of their case.
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