Severe Burns in a Car Accident: When Can I Sue?
Burns are some of the most painful injuries you can experience. Even if you are not in direct contact with flames, the heat from a fire can burn your skin. You can sustain significant airway and lung damage from breathing the hot air and smoke. Burns can happen in many ways, but being trapped in a burning car after a crash is among the scariest.
If you were burned in a car accident, your related expenses are likely staggering. The physical, emotional, and mental pain and suffering are probably also devastating. You may be entitled to compensation, and our determined Winnebago County, IL catastrophic injuries attorneys will fight to see you get it.
How Can a Car Crash Cause Burns?
Every collision is different. Almost any crash can potentially end in a fire. Severe impacts can damage fuel tanks and lines, and a single spark can lead to an explosion. Faulty wiring can cause a crash and increase the likelihood of a fire. Mechanic’s errors when making repairs can also cause explosions or fires. However, if an explosion or fire starts, it can be deadly to those inside the vehicle.
Sadly, not every car accident victim can escape a burning car. Injuries sustained in the crash could make moving impossible or even cause victims to lose consciousness. In other cases, the vehicle’s structural damage may prevent doors from opening. First responders sometimes need to use the Jaws of Life to remove injured victims who are trapped in severely damaged cars. The longer a victim is exposed to open flames or extreme heat, the worse the resulting burns are likely to be.
How Severe Are Burn Injuries?
First-degree burns are the mildest form. Only the outer layer of skin is affected. Pain, redness, dryness, and swelling are common. Many sunburns fall into this category, and healing typically takes only a few days.
Second-degree burns are usually the most painful. The top two layers of skin are damaged. Swelling, blisters, and intense pain accompany these wounds. Depending on how deep these burns are, it can take several weeks or months to heal. Noticeable scarring is possible.
Third-degree burns are deeper, but they often cause nerve damage that reduces or eliminates sensation in the affected tissues. However, areas surrounding third-degree burns can still produce significant pain. The skin looks charred, white, or blackened and may have a leather-like feel. Bones, muscles, and other deeper tissues can be damaged or destroyed. Third-degree burns can cause significant scarring, serious health concerns, and permanent damage.
Burn Treatments
Treatment options for burns depend on their location and severity. For serious burns, dead tissue and debris may need to be removed from the area, with surgery sometimes required. Intravenous fluids are likely necessary to reduce the risk of organ damage and dehydration. Various creams and ointments may be used topically to promote healing. Skin grafts could be needed. Heavy-duty pain medications and antibiotics are usually required.
Burned areas are especially susceptible to infections, so special care must be taken to keep the wounds clean and sterile. Specialized wound dressings are used for severe burns.
The Long-Term Effects of Severe Burns
Along with incredible amounts of physical pain, burn victims often experience emotional and mental distress. Scarring can cause disfigurement and mobility issues, adding to the burden. Occupational, physical, and mental health therapy may be required.
Burn victims may not be able to return to work, which probably causes a significant financial strain. If a disability results from the burns or other car accident injuries, home or vehicle modifications may be needed. All these financial and non-financial losses can dramatically diminish the victim’s quality of life.
Can I Sue If I Was Burned in a Car Crash?
As with any collision, your eligibility for compensation depends on the cause of the accident. Personal injury cases like these are usually based on negligence. Accident claims for defective car parts or other manufacturing defects that lead to a crash and burn injuries are based on strict liability.
Approximately 94 percent of all car crashes result from driver errors, such as:
- Distracted driving
- Drunk or otherwise-impaired driving
- Speeding or driving too fast for conditions
- Tailgating
- Failing to yield the right of way
- Running red lights
- Improper merging or passing
- Knowingly driving an unsafe vehicle
Most accidents could be prevented if not for these and similar negligent mistakes.
Your own degree of fault for causing your crash is another determining factor in your eligibility for compensation. In Illinois, you still qualify to file a claim as long as you are not more than 50 percent responsible for your accident. If you do share fault, the damages you could receive are reduced accordingly. For example, if you are 20 percent to blame, your total damages will be reduced by 20 percent.
The best way to verify your eligibility is to call our office. We know the applicable laws and how to determine fault. We will evaluate your case and help you explore your legal options.
How Much Compensation Can I Receive for My Car Accident Burn Injuries?
Answering that question is impossible until we have thoroughly investigated your case and calculated your eligible damages. Every victim’s damages depend on case-specific factors. However, common damages in these cases include:
- Medical and ongoing care costs, both current and future
- Lost income, potentially including lost earning capacity
- Property damage
- Other accident-related expenses
- Anxiety, depression, and PTSD
- Permanent disfigurement or disability
- Damage to personal relationships
- Lost enjoyment of life
- Pain and suffering
If your loved one died from burn injuries in a crash, additional wrongful death damages may apply. Although everyone’s damages differ, one thing is constant. The liable insurance company does not want to pay the full value of your claim. Insurers may try to manipulate fault, question the severity of your injuries, offer an insultingly low settlement amount, or even deny your claim altogether. With us at your side, we refuse to let insurance companies get away with these tactics.
Ideally, we can negotiate with an insurer to reach an acceptable settlement amount. However, we will not hesitate to file a civil lawsuit and take your case to trial. Because we are well known for our aggressiveness in court, insurance companies are more likely to make reasonable settlement offers when they realize you are working with us.
Discuss Your Case With Our Skilled Rockford, IL Burn Injuries Lawyers
The experience, competence, and skill of your attorney play a big part in the amount of compensation you may receive after a car accident burn injury. You cannot afford to choose the wrong lawyer. Call Mannarino & Brasfield, A Division of Schwartz Jambois at 815-215-7561 or contact us online to speak with one of our knowledgeable Winnebago County, IL car accident attorneys today. Your initial consultation is free of charge.