How are burn injury claims valued in Canada?
Burn claims combine economic damages (medical treatment, multiple graft surgeries, future care, lost income) with substantial non-economic general damages for pain, suffering, and disfigurement. General damages are capped at approximately $430,000 under the Supreme Court trilogy. Severity is driven by burn degree, total body surface area (TBSA), and the visibility and permanence of scarring.
What factors increase a burn settlement?
Higher burn degree (third and fourth degree), larger TBSA percentage, burns to visible areas (face, hands, neck), permanent scarring and disfigurement, the number of surgeries and skin grafts required, psychological trauma (PTSD, depression), and any loss of function. Children and cases with prominent facial scarring often attract higher awards.
Who can I sue for a burn injury?
Depending on the cause: a negligent driver (vehicle fires), a property owner (unsafe premises, no smoke detectors), an employer or third party (workplace, though WSIB may apply), or a product manufacturer (defective appliances, flammable goods, faulty wiring). Product and premises claims are common sources of burn recoveries.
Are burn injury general damages capped in Canada?
Yes. Non-pecuniary damages (pain, suffering, loss of enjoyment, disfigurement) are subject to the ~$430,000 SCC cap, reached only in the most catastrophic cases. However, pecuniary damages — future surgeries, lifelong care, scar-revision, and lost earning capacity — are uncapped and often exceed the general damages in severe burn cases.