Understanding Burn Severity and Its Legal Impact
Not all burns are the same. The severity of a burn injury directly affects the medical treatment you need, the length of your recovery, and the amount of compensation you can pursue in an injury claim. If you suffered burns in an accident in Chicago, understanding how burns are classified can help you understand what your case is worth and what to expect during the legal process.
How Burns Are Classified
Medical professionals classify burns by degree, which describes how deeply the burn penetrates the skin and underlying tissue. The classification system ranges from first-degree (least severe) to fourth-degree (most severe).
First-Degree Burns
First-degree burns affect only the epidermis, the outermost layer of skin. They cause:
- Redness and inflammation
- Pain and tenderness
- Minor swelling
- Dryness and peeling as the burn heals
Sunburns are the most common example. First-degree burns usually heal within one to two weeks without scarring. Most do not require professional medical treatment.
Impact on your claim: First-degree burns from an accident are still compensable. However, because they heal relatively quickly and usually do not cause permanent damage, the compensation amounts tend to be lower. Your claim would focus on medical expenses, pain during recovery, and any time missed from work.
Second-Degree Burns
Second-degree burns penetrate the epidermis and reach the dermis, the second layer of skin. They are further divided into two categories:
Superficial partial-thickness burns:
- Red, wet-looking skin
- Blisters
- Significant pain (nerve endings are still intact)
- Usually heal within two to three weeks
- Minimal scarring
Deep partial-thickness burns:
- White or yellow appearance
- May or may not blister
- Less pain than superficial burns (some nerve endings are destroyed)
- Take three to eight weeks to heal
- Often cause significant scarring
- May require skin grafting
Impact on your claim: Second-degree burns, especially deep partial-thickness burns, can result in substantial compensation. Treatment costs are higher, recovery takes longer, and scarring may be permanent. If the burns are on visible areas like the face, hands, or arms, the disfigurement component of the claim increases significantly.
Third-Degree Burns
Third-degree burns, also called full-thickness burns, destroy both the epidermis and the entire dermis. They may also damage the subcutaneous tissue beneath. Characteristics include:
- White, brown, black, or leathery appearance
- No pain at the burn site (nerve endings are destroyed)
- Pain at the edges where the burn transitions to less damaged skin
- No blisters
- Skin does not blanch when pressed
- Cannot heal on their own; require surgery
Third-degree burns always require professional medical treatment. Treatment typically includes debridement (removal of dead tissue), skin graft surgery, and extensive rehabilitation. Recovery takes months to years, and permanent scarring is unavoidable.
Impact on your claim: Third-degree burn cases involve some of the highest compensation amounts in personal injury law. The medical expenses alone can reach hundreds of thousands of dollars. Add in lost wages, permanent scarring, chronic pain, psychological trauma, and loss of normal life, and these claims can be worth well into the millions of dollars.
Fourth-Degree Burns
Fourth-degree burns are the most severe. They extend through the skin and into deeper structures, including:
- Muscle tissue
- Tendons and ligaments
- Bone
Fourth-degree burns are often caused by prolonged exposure to extreme heat, high-voltage electrical contact, or chemical exposure. They frequently result in amputation of the affected limb. Many fourth-degree burns are fatal.
Impact on your claim: Fourth-degree burn cases represent the most serious injury claims. Victims who survive face a lifetime of medical treatment, multiple surgeries, potential amputations, and permanent disability. Compensation for these injuries can be substantial, reflecting the catastrophic and life-altering nature of the harm.
Other Factors That Affect Burn Injury Claim Value
The degree of the burn is the starting point, but several other factors influence how much compensation you can recover.
Total Body Surface Area (TBSA) Burned
Doctors measure the percentage of the body affected by burns using the TBSA method. A person with third-degree burns covering 40% of their body will have a much higher claim value than someone with a similar burn covering 5% of their body. Higher TBSA percentages correlate with longer hospital stays, more surgeries, and greater risk of complications.
Location of the Burns
Burns on certain areas of the body carry higher claim values:
- Face and neck: Visible scarring and potential damage to eyes, ears, and airways
- Hands: Loss of grip strength, dexterity, and ability to work
- Feet: Difficulty walking and standing
- Joints: Burn contractures that limit range of motion
- Genitalia: Extremely sensitive area with significant quality-of-life impact
Age of the Victim
Children and young adults with severe burns face decades of future medical treatment, revision surgeries, and the psychological impact of growing up with burn scars. Older adults may have slower healing and more complications. Both factors can increase claim value.
Pre-Existing Conditions
Under Illinois law, the “eggshell plaintiff” rule applies. The defendant takes the victim as they find them. If you had a pre-existing condition that made your burns worse, such as diabetes that slows healing or thin skin from medications, the defendant is still responsible for the full extent of your injuries.
Need for Future Treatment
Severe burns often require ongoing treatment for years or even a lifetime:
- Scar revision surgeries
- Laser treatments
- Pressure garments
- Physical and occupational therapy
- Psychological counseling
- Pain management
Future medical costs are a major component of burn injury claims. Your attorney will work with medical experts to project these costs accurately.
How Illinois Law Handles Burn Injury Claims
Illinois follows a modified comparative negligence system. You can recover compensation as long as you were not more than 50% at fault for the accident that caused your burns. If you were partially at fault, your compensation is reduced by your percentage of fault.
Illinois does not cap non-economic damages (pain and suffering, disfigurement, emotional distress) in most personal injury cases. This is important for burn victims because non-economic damages often represent the largest portion of the claim.
The statute of limitations for personal injury in Illinois is two years (735 ILCS 5/13-202). You must file your lawsuit within this window or lose your right to compensation.
What Types of Accidents Cause Severe Burns?
Burns can result from many types of accidents, including:
- Car accidents involving fires or explosions
- Truck accidents, especially those involving tanker trucks carrying flammable cargo
- Construction accidents involving electrical hazards or welding
- Workplace accidents with chemicals or industrial equipment
- Apartment and building fires caused by negligence
- Defective product incidents
Building a Strong Burn Injury Claim
The strength of your burn injury claim depends on solid evidence:
- Medical records: Detailed documentation of the degree, location, and extent of your burns, plus all treatment received
- Expert medical testimony: Burn specialists who can explain the severity of your injuries and future treatment needs to a jury
- Photographic evidence: Photos of your burns at different stages, from the initial injury through treatment and recovery
- Life care plan: A comprehensive plan prepared by a medical expert outlining your future care needs and costs
- Economic analysis: An economist’s assessment of lost wages and reduced earning capacity
Talk to a Chicago Burn Injury Attorney
Understanding the degree of your burn injury is just the first step. To get the full compensation you deserve, you need an attorney who understands the medical complexity of burn injuries and knows how to present that evidence effectively to insurance companies and juries.
Phillips Law Offices has extensive experience handling burn injury claims in Chicago and across Illinois. We work with burn specialists, life care planners, and economists to make sure every aspect of your injury is accounted for. Visit our page on hiring a lawyer to learn what to look for in an attorney.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.