Chicago Burn Injury Lawyer

People usually associate burns with fires, but burns can occur from a range of different types of accidents. For instance, a car accident could cause a person to sustain a radiological or chemical burn if a hazardous truck was involved, a thermal burn from contact with ignited gasoline or a car’s heated metal frame, or an electrical burn if the accident involves a power line.

The many different types and causes of burn injuries include:

• Flames or fire cause approximately 44 percent of all burn injuries. House fires, motor vehicle accidents, the improper use of flammable liquids, or clothing that caught fire from stoves and heaters may cause flame burns. The smoke from flames and fire can lead to respiratory problems.
• A flash of intense heat for a brief period of time. Explosions of flammable liquids such as gasoline, propane, and natural gas frequently cause flash burns. Clothing may protect the skin somewhat, but if it contains flammable material, it may ignite.
• Scald burns, caused by hot metal, liquid, or steam, are responsible for about 35 percent of burn injuries. Tragically, 61 percent of scalding accidents happen to children less than five years old.
• Electrical burns. Exposure to an electrical current, such as exposed wiring, an electrified surface in your car, or a downed power line from a crash frequently causes electrical burns. The electrical contact burns the skin, but the electricity can also move through the body, causing other injuries. Victims may suffer additional injuries if the electrical shock throws them.
• Chemical burns. Exposure to caustic chemicals, strong acids, or solvents causes these burns. In a car accident, you may suffer a chemical burn if your body contacts caustic fluids such as antifreeze or steering or transmission fluid. Airbag deployment triggers a chemical reaction. In some cases, hot gases and chemicals explode out of the airbag canister, burning the occupant.
• Friction burns usually occur when the skin gets dragged repeatedly over a rough surface. It’s both an abrasion and a heat burn. Friction burns are common in motorcycle and bike accidents. In some cases, friction burns can even impact muscle and bone.

• Workplace Accidents: As we mentioned above, one of the most common causes of burns in adults occurs in the workplace. In fact, work is the second most common place that adults get burned behind their own home. Explosions, caustic chemicals, and heat sources on a job site or at a workplace can expose workers to potentially serious burns. These injuries are especially egregious when negligence is involved, like if an employer fails to maintain a safe worksite or a manufacturer doesn’t recall defective machinery.
• Defective Products: Products that are manufactured and released to the public with serious defects are another common cause of burn injuries. Some of the most recent examples include exploding cell phones, hoverboards, and e-cigarettes. All of these incidents were caused by batteries that were known to be defective. In situations like these, the designer, manufacturer, or retailer of the product may be liable.
• Defective or Broken Home Appliances: Major home appliances and heating equipment, such as space heaters and water heaters, are another common cause of burn injuries. In some instances, bad luck or user error are responsible for these incidents. But in cases where a landlord or property owner were notified that an appliance was defective and failed to fix it, they may be held liable for any injuries.
• Rental Home and Apartment Fires: House and apartment fires caused by faulty wiring, broken smoke detectors, and defective kitchen equipment can all cause serious burn injuries and deaths each year. If an apartment or house fire was caused by a landlord’s negligence, you may be able to hold them liable for any damages incurred due to your injuries.
• Defective Auto Parts: Defective auto parts can cause vehicles to catch fire in certain instances. Some of the most common defective auto parts that cause fires include electrical components, air bags, and fuel systems.

Burns are defined by how deep they are and how large an area they cover. A large burn injury is likely to include burned areas of different depths. The injury may damage not only the skin, but in some cases, also damages deeper tissues, muscles, and bones.

There are four primary classifications, or degrees, of burns:

• First-degree burns. These are often the least serious, as they only damage the very top layer of skin. Home treatment is appropriate for some first-degree burns.
• Second-degree burns. Second-degree burns affect the outer layer of skin, called the epidermis, and part of the second layer of skin called the dermis. They are more serious and may require medical attention. Second degree burns often present with blisters and can leave scars.
• Third-degree burns. These can seriously damage the deepest layers of skin and tissue. Third-degree burns can lead to nerve damage and may require skin grafts.
• Fourth-degree burns. Prolonged contact with fire can result in the most serious type of thermal burn, referred to as a fourth-degree burn. These are the deepest and most severe of burns, and they may be life-threatening. These deep and devastating burns destroy the skin, as well as the bones, muscles, and tendons.

The victim’s pain levels, treatment, and recovery vary widely, depending on the cause and severity of the burn. A doctor will assess the burn and may advise treating minor burns at home. However, treatment for serious burns may require wound dressings, medications, skin grafts, and physical, mental, or occupational therapy. The goal of treatment is to prevent infection, remove dead tissue, minimize scarring, regain function, and control pain levels. Those with severe burns may need treatment at specialized burn centers. Burn injuries may lead to visible scarring, and can cause emotional and psychological trauma.

Burn injury treatment is very expensive, often costing well over $200,000, even for a moderate injury. Severe burn injuries can cost $1.5 million or more. In the event of complications, the cost may exceed $10 million.

Treatments may include:

• Water-based treatments.
• Intravenous fluids to prevent dehydration and organ failure.
• Pain and anxiety medications. Burns can be incredibly painful.
• Drugs that fight infection.
• Specialty wound dressings.
• Burn creams and ointments. These may be used in less serious cases to help prevent infection and prepare the wound to close.
• Follow-up treatment for physical and occupational therapy.

Burns are often considered catastrophic injuries. They can result in serious, life-altering conditions and disfigurement.

Physical complications may include:

• Respiratory issues. Inhaling smoke and hot ash can damage the lungs. It may also burn the mouth and tongue, as well as the throat, larynx, and esophagus.
• Infections. Burn sites are open wounds and can easily become infected or even lead to sepsis.
• Contractures. Scar tissue from burns may tighten up as time passes. This tightening, known as contractures, can make movement painful or breathing difficult.
• Compromised immune systems. If a burn injury results in organ damage or infections it may affect the immune system.

Other common complications from burn injuries may include:

• Psychological complications,
• Disfigurement,
• Skin breakdown,
• Skin graft failure.

Tenants living in rental homes, apartments, and public housing have a right to live in safe conditions. In order to ensure this, all landlords and property managers have a responsibility to follow city, state, and federal regulations put in place to keep their tenants safe from danger, including from fires and other hazards.

If a property manager does not follow the required laws or safety measures defined by the city, county, or state, they may be held responsible for injuries like serious burns.

Some of these responsibilities include:

• Having electrical wiring properly installed and maintained
• Ensuring smoke detectors are in proper locations and working
• Regularly servicing fire extinguishers
• Maintaining a sturdy fire escape
• Keeping all escape routes clear

If a landlord fails to provide these basic fire safety features in their buildings, they are putting their residents at risk of burn injuries and death.

Chicago residents will want to know about the city’s Residential Landlord and Tenant Ordinance, which lays out additional protections for renters.

Why would a landlord fail to protect their tenants?

Since renting a home or apartment is a business venture, there are bound to be issues that arise. One of the most common issues is landlords trying to keep costs low as a way of maximizing profits. This might include:

• failing to install proper safety devices
• not maintaining or updating electrical wiring and insulation
• using too few smoke detectors or none at all
• failing to provide a fire extinguisher
• not performing fire sprinkler system maintenance

What’s even more tragic is that it’s often those who can’t properly defend themselves that are most often taken advantage of. This includes elderly people, low-income residents, and those who have to live in temporary housing.

Residents living in these conditions are at a high-risk of receiving burn injuries due to landlord negligence. While it may not be their fault, injured residents are the ones left to deal with the physical injuries, medical bills, and cosmetic disfigurement that is left behind.

Of course, not all fires are the fault of a landlord. But if you or a loved one was seriously burned and you believe it was caused by a negligent landlord, contact a burn injury attorney as soon as possible.

In a burn injury lawsuit, the injury victim seeks for the responsible party to pay for their losses caused by the accident. Typically, claims include economic and non-economic damages.

Economic Damages

Economic damages (also called special damages) for burn injuries. These types of damages are those that the court can calculate by reviewing records or documents, such as medical records, or lost wages.

They include money the injured party has spent out-of-pocket, or money they will have to pay in the future, such as:

• Medical bills,
• Burn unit treatment,
• Skin grafting procedures,
• Rehabilitation
• Lost wages,
• Lost earning capacity and
• Property damage.

Non-economic Damages

Non-economic damages for burn injuries. It is harder to put a price tag on non-economic damages, but the harm is still real, and often painful. Just because something didn’t cost money doesn’t mean that it costs nothing. Imagine waking up one day to half of your face severely burned after a traumatic car accident. Or imagine if your child lost all sensation in their left hand because of a defective cell phone. Do these injuries deserve compensation? The state of Illinois says that they do.

Non-economic damages (also called general damages) is financial compensation that is meant to cover the injured person’s non-economic losses, such as:

• Loss of function or other physical impairment,
• Emotional distress,
• Disfigurement,
• Scarring. Burn injuries can lead to permanent, severe scarring,
• Pain and suffering,
• Loss of enjoyment in life, and
• Loss of consortium.

In some cases, Chicago courts may award punitive, or exemplary, damages. These damages punish the perpetrator and discourage others from engaging in similar conduct. Punitive damages are usually not awarded in most personal injury claims. Instead, they are generally limited to cases where the defendant’s actions were reckless, malicious, or intended to cause harm.

If someone is killed in a fire or burn injury accident, the victim is no longer alive to file a burn injury lawsuit on their own behalf. Instead, certain family members can file a wrongful death lawsuit. A wrongful death lawsuit will allow the surviving family to receive compensation and hold the perpetrator accountable.

Under the Illinois wrongful death law, a spouse and the next of kin of the decedent can recover for both economic and non-economic damages. For example, these may include funeral and burial expenses, any hospital bills or other medical expenses, the decedent’s economic contributions to his or her family, and fair and just compensation for the grief, sorrow, and mental suffering of the surviving spouse and next of kin.

Burn injuries are often catastrophic, requiring painful treatments, medication, and years of therapy. Your quality of life may diminish due to disfigurement and scarring. No amount of money can make up for the pain and loss associated with this severe type of trauma, but you can hold liable parties accountable and help protect you and your loved ones from financial hardship.

The Illinois statute of limitations governs the time limits for filing a lawsuit. If you do not file your claim within the appropriate time generally two years you risk losing the ability to sue, so consult a burn injury attorney promptly. If you or a loved one has suffered a burn injury, it’s wise to consult a knowledgeable, experienced burn injury attorney as soon as possible.