By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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Reported burn verdicts in other cases
The figures below come from news reports of jury verdicts in cases handled by other lawyers. None of them is a Beverly Law result. They are jury verdicts, which are public, while settlements usually are not. Liebeck’s award was cut by the judge and the case later settled for less. Starbucks said it would appeal the Garcia verdict, but that case also settled, in June 2025, and was dismissed in July 2025; the amount was not made public (LASC case summary).
| Case | Court and date | Injury | Reported verdict |
|---|---|---|---|
| Mogavero v. Starbucks | Jacksonville, Fla., May 2017 | First- and second-degree burns from coffee | $100,000; Starbucks found 80% at fault (ABA Journal) |
| Liebeck v. McDonald’s | Albuquerque, N.M., Aug. 1994 | Third-degree coffee burns, skin grafts | $160,000 compensatory after 20% fault reduction, plus $2.7 million punitive cut to $480,000; settled confidentially, reportedly for under $500,000 (Tort Museum, NPR) |
| Hot Chicken McNugget case | Broward County, Fla., July 2023 | Second-degree burn to a 4-year-old’s leg | $800,000, split $400,000 past and $400,000 future (AP via Claims Journal) |
| Monita v. Bill Miller Bar-B-Q | Bexar County, Texas, Jan. 2025 | Second-degree burn to the thigh from barbecue sauce | About $2.8 million; jury found the restaurant 100% at fault (KSAT) |
| Garcia v. Starbucks | Los Angeles Superior Court, March 2025 | Third-degree genital burns from hot tea, nerve damage, grafts | $50 million; Starbucks said it would appeal, but the case settled in June 2025 (terms not public) and was dismissed in July 2025 (LASC) (ABC7, CBS Los Angeles) |
Three of those cases involved first- or second-degree burns and still produced awards from $100,000 to about $2.8 million. In Garcia, CBS reported that Starbucks had offered $3 million before trial and later $30 million to settle. Our Garcia v. Starbucks page explains that case.
What drives the value of a burn claim
| Factor | Why it matters |
|---|---|
| Depth and size | Deep partial-thickness burns usually take more than three weeks to heal and scar (AAFP); partial-thickness burns over 10% of body surface and any full-thickness burn call for immediate burn center consultation (ABA) |
| Location | The ABA calls for immediate burn center consultation for deep partial- or full-thickness burns of the face, hands, feet, genitals, perineum or any joint (ABA) |
| Grafts and repeat surgery | Grafts can fail and need to be redone, and grafted skin can tighten into a contracture (Cleveland Clinic) |
| Scar timeline | Scarring usually peaks around six months and may mature over 12 to 18 months (MSKTC), so the final result is not known early |
| Lost income | Time off work, plus any lasting limit on the work a person can do |
| Shared fault | Rules differ by state (below) |
| Who is responsible | A store, a franchise operator, a landlord or a product maker may each carry separate insurance, which is why we look at the cup and lid makers on defective products claims |
Our FAQ on skin graft claim value goes deeper on grafts.
State rules that change the number
| State | Shared fault | Punitive damages |
|---|---|---|
| California | Reduced by your share, no cutoff (Li v. Yellow Cab) | Clear and convincing proof of oppression, fraud or malice (Civ. Code § 3294) |
| Texas | Barred if more than 50% responsible (CPRC § 33.001) | Clear and convincing proof of fraud, malice or gross negligence (§ 41.003); capped at the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000 (§ 41.008) |
| Washington | Reduced by your share, no cutoff (RCW 4.22.005) | Generally not allowed without a statute authorizing them (Dailey v. North Coast Life) |
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What this means for your case
Be wary of any website that quotes an “average” burn settlement, and of early offers made before your scars have matured. A burn claim is valued from the medical record forward: the depth, the grafts, the surgeries still to come and what they cost. That is also why burn cases take time, as our FAQ on how long burn cases take explains. More on damages is on our burn injury lawyer page.
Talk to a burn injury lawyer
Beverly Law reviews burn settlement offers for clients in California and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Call (310) 552-6959. You owe no fees or costs unless we win.
Common questions
What is the average settlement for a second-degree burn?
No reliable average exists. The three first- and second-degree verdicts in the table above, all in other lawyers’ cases, ranged from $100,000 to about $2.8 million, and verdicts tell you little about what private settlements pay.
Are settlement amounts public?
Usually not. A settlement is a private contract and can be kept confidential, as Liebeck’s was, while jury verdicts happen in open court.
Does a big verdict mean the person got that money?
Not always. Liebeck’s punitive award was cut by the judge and the case settled for less.
Can I get punitive damages for a burn in Washington?
Generally no, unless a statute authorizes them.
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Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Burn Injury Lawyer · Burn injury questions
Sources
- American Museum of Tort Law, Liebeck v. McDonald's (damages, 20% fault, punitive reduced to $480,000, confidential settl (tortmuseum.org)
- NPR via Connecticut Public, Aug. 18, 2024 (Liebeck verdict date) (ctpublic.org)
- ABA Journal, May 22, 2017 (Mogavero v. Starbucks) (abajournal.com)
- AP via Claims Journal, July 21, 2023 (Broward County McNugget verdict, $800,000 split past/future; McDonald's USA and fr (claimsjournal.com)
- KSAT San Antonio, Jan. 17, 2025 (Bexar County jury, Bill Miller Bar-B-Q, about $2.8 million, 100% negligent, second-degr (ksat.com)
- Dallas Morning News, Jan. 20, 2025 (Bill Miller: appeal not yet known) (dallasnews.com)
- ABC7 Los Angeles, March 15, 2025 (Garcia verdict; Starbucks plans to appeal) (abc7.com)
- CBS Los Angeles, March 15, 2025 (Garcia injuries; $3 million and later $30 million offers) (cbsnews.com)
- American Burn Association, Burn Center Referral Guidelines (ameriburn.org)
- American Family Physician 2020;101(8):463-470 (deep partial-thickness burns: more than three weeks, scarring) (aafp.org)
- Cleveland Clinic, Skin Graft (contracture, graft failure, repeat grafts) (my.clevelandclinic.org)
- MSKTC, Scar Management After Burn Injury (scarring peaks around 6 months, matures in 12-18 months) (msktc.org)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- RCW 4.22.005 (app.leg.wa.gov)
- Cal. Civ. Code § 3294 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 41.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 41.008 (statutes.capitol.texas.gov)
- Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996) (law.justia.com)
- Los Angeles Superior Court, case summary for Garcia v. Starbucks, No. 20STCV10214 (post-trial motions denied June 4, 202 (cap.lacourt.ca.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.