If someone else’s negligence caused you to suffer burns in Chicago, you are likely facing a long road of medical treatments, lost income, and physical and emotional scars. What are your rights in this situation? Under Illinois law, you have the option to seek financial compensation for every loss you have suffered.
A burn injury claim requires a detailed investigation to prove fault, a careful projection of all future medical needs, and a true understanding of how this injury changes a person’s life. It might involve a landlord who failed to install smoke detectors, a defective product that caught fire, or a horrific car accident.
Your job is to heal. Our job is to handle the legal work. As Chicago burn injury lawyers, we know the last thing you want to think about is a legal case. But you deserve answers and a clear explanation of your options.
If a burn injury has impacted you or a loved one, call Abels & Annes, P.C. at (312) 924-7575 for a free, no-obligation consultation. We are here to listen and help you understand the path forward.
Why Choose Abels & Annes, P.C. for Your Burn Injury Claim?
When you are dealing with a life-changing injury, the law firm you choose to represent you has a direct impact on your future. Our practice is built on helping people who have been harmed by the carelessness of others. For years, we have dedicated our work to this single purpose, securing millions of dollars for our clients.
Our commitment and the results we achieve have been recognized by our peers in the legal community, reflecting our dedication to the people we represent.
- Top 100 Lawyer List: David Abels has been selected for this honor by Super Lawyers, a distinction given to fewer than 5% of attorneys in Illinois.
- 10.0 Superb Rating: Both founding partners hold a "10.0 Superb" personal injury lawyer rating from AVVO, a leading legal rating service that reflects a lawyer's experience, industry recognition, and professional conduct.
- Million Dollar & Multi-Million Dollar Advocates Forum: Our attorneys are lifetime members of this respected group, which is reserved for trial lawyers who have achieved verdicts and settlements in the millions of dollars.
When you work with our firm, you get a team that puts you first. We believe that direct, personal communication is the foundation of a strong attorney-client relationship.
- Direct Attorney Access: You will work directly with an experienced lawyer, not just a case manager. We ensure you have a direct line to the person handling your case.
- Available 24/7: We offer free consultations around the clock because we know that questions and concerns don't follow business hours.
- No Fee Unless You Win: You will not pay any attorney's fees unless we secure financial compensation for you. This is our commitment.
- Proven Success: We are proud of our track record, which includes a $4,500,000 premises liability settlement for a woman who suffered severe fractures. While every case is different, our history demonstrates our dedication to pursuing the maximum compensation available under the law.
Our office is conveniently located at 100 N LaSalle St, Suite 1710, in the heart of downtown Chicago, just a few blocks from the Daley Center and City Hall, making us accessible to clients throughout the city and its suburbs.
What Compensation is Available in a Burn Injury Case?
After a severe burn, watching your savings dwindle while medical bills pile up can be an immense source of stress. The purpose of a personal injury claim is to provide financial resources to cover every single loss caused by the accident. This allows you to focus on your recovery without the added weight of financial instability. In Illinois, this compensation, known as damages, falls into three main categories.
Economic Damages: The Tangible Costs
These are the specific, measurable financial losses tied to your injury. They are documented with bills, receipts, and employment records and form the foundation of your claim.
- All Medical Care: This covers everything from the initial ambulance ride and hospital stay to future needs like skin graft surgeries, physical therapy, pain management, and psychological counseling. It is designed to address every part of your medical recovery.
- Lost Wages: This is direct compensation for the income you lost while unable to work.
- Future Earning Capacity: If the burn leaves you with a permanent disability that impacts your ability to earn a living, you may be compensated for this future loss. This is calculated based on what you likely would have earned over your lifetime if the injury had not happened.
- Modifications and Assistive Devices: This includes costs for making your home wheelchair accessible, buying specialized medical equipment, or getting other devices needed to adapt to your new reality.
Non-Economic Damages: The Human Cost
These damages compensate you for the non-financial ways the injury has affected your quality of life. While harder to put a number on, they are just as real as any medical bill.
- Pain and Suffering: For the physical pain of the burn itself and the difficult treatment process that follows.
- Emotional Distress: Acknowledges the anxiety, depression, or post-traumatic stress that frequently follows a traumatic injury.
- Disfigurement and Scarring: Compensation for the permanent physical changes and the emotional toll they take on your self-esteem and social interactions.
- Loss of a Normal Life: This addresses the inability to enjoy hobbies, activities, and daily routines that were once part of your life.
Punitive Damages: A Measure of Punishment
In rare cases where the at-fault party's actions were exceptionally reckless or intentional, Illinois law allows a jury to award punitive damages. The purpose is not to compensate you, but to punish the wrongdoer and deter similar conduct. To receive these damages, we must show with clear and convincing evidence that the defendant's actions displayed a conscious indifference to the safety of others.
What Are the Different Severities and Types of Burn Injuries?
Not all burns are the same. The type and severity of your burn will determine the course of your medical treatment and play a large part in calculating the value of your legal claim. Medical professionals classify burns by both their source and their depth.
Common Types of Burns
According to Stanford Health Care, there are a few common types of burns:
- Thermal Burns: Caused by contact with hot objects, such as flames, steam, scalding liquids, or hot surfaces. These are the most frequent types of burns.
- Chemical Burns: Occur when skin or eyes come into contact with strong acids, solvents, or other corrosive substances. These can be found in industrial settings or in common household products.
- Electrical Burns: Happen when an electrical current passes through the body. These injuries are deceptive because the surface wound may look minor, but the internal damage to organs and tissues can be severe.
- Radiation Burns: Most commonly associated with overexposure to the sun's ultraviolet rays, but can also result from medical treatments like radiation therapy.
The Four Degrees of Burn Severity
The "degree" of a burn refers to how deeply it has penetrated the skin.
- First-Degree: This is a superficial burn affecting only the outer layer of skin (epidermis). The skin is red and painful, but there are no blisters. A typical sunburn is a first-degree burn.
- Second-Degree: This burn damages the epidermis and the layer beneath it (the dermis). The skin will be red, swollen, blistered, and very painful. It may appear wet or shiny.
- Third-Degree: This is a "full-thickness" burn that destroys the first two layers of skin and may damage the underlying fatty tissue. The skin may look white, leathery, or charred. Because nerve endings are destroyed, there may be no pain at the site of the worst damage.
- Fourth-Degree: The most severe type of burn, extending through all layers of skin and into deeper tissue like muscle, tendons, and even bone. These are catastrophic injuries that require extensive medical intervention.
Common Scenarios Leading to Burn Injury Claims in Chicago
While a burn can happen anywhere, many serious injuries occur in predictable situations, often because someone was careless.
- Unsafe Properties: Chicago's many older apartment buildings can harbor hidden dangers. Faulty electrical wiring, a landlord's failure to install or maintain smoke detectors, or a malfunctioning water heater that delivers scalding water are common examples of premises liability. Property owners have a legal duty to keep their property reasonably safe.
- Vehicle Accidents: The force of a car, truck, or motorcycle crash on a busy expressway like the I-90/94 can rupture fuel lines or damage electrical systems, sparking fires that cause devastating injuries.
- Workplace Incidents: Chicago’s industrial, construction, and service sectors present numerous risks. Accidents involving chemical spills, electrical currents on a construction site, or explosions in a commercial kitchen can lead to severe burns. While workers' compensation may apply, there could also be a case against a negligent third party.
- Defective Products: Everyday items we trust can turn dangerous. A space heater without an automatic shutoff, a kitchen appliance with faulty wiring, or an e-cigarette battery that explodes will cause serious burns if they have a design or manufacturing defect.
Why You Shouldn't Navigate the Insurance Claim Alone
No matter who might be responsible for your injury, to get compensation, we will inevitably deal with someone’s insurance company. You might expect them to be a helpful resource after an injury—after all, corporations pay their premiums diligently for situations like this.
However, it is important to remember they are for-profit businesses. Their primary duty is to their shareholders, which means their incentive is to pay out as little as possible on claims. This puts them in direct conflict with your need for full compensation.
Thus, an insurance adjuster's job is to resolve your claim for the lowest possible amount. They are trained negotiators. Here are a few things to watch for:
- The Quick Settlement Offer: An adjuster may contact you soon after the accident with an offer. This might seem like a relief, but they might be trying to close your case before the true, long-term cost of your burn injury is known. Once you accept an offer, you can never ask for more money.
- Asking for a Recorded Statement: You may be asked to give a recorded statement. Adjusters are trained to ask questions that can lead you to unintentionally hurt your own claim. It is best to politely decline this request until you have spoken with a lawyer.
- Questioning Your Medical Needs: An insurer might challenge the treatment your doctors recommend, suggesting that procedures like reconstructive surgery are not necessary. This is a strategy to reduce the value of your claim.
- Using Delays as a Tactic: The claims process can be slow. Sometimes, these delays are strategic. The company knows that if you become frustrated or desperate, you are more likely to accept a low offer.
A Note on Deadlines: The Clock is Ticking
Illinois law sets a strict time limit for filing a personal injury lawsuit, known as the statute of limitations. For most personal injury cases, you have two years from the date of the injury to file a lawsuit. While that may seem like a long time, the practical window to build a strong case is much shorter.
This is because a successful claim depends on evidence. As time passes, evidence disappears. Security camera footage is recorded over. The accident scene is cleaned up or changed. Witnesses move or their memories fade, making their testimony less reliable. The sooner an investigation begins, the better the chances of preserving the proof needed to hold the responsible party accountable.
Special Considerations for Burn Injuries in Children
A burn injury is devastating for anyone, but it presents unique challenges when the victim is a child. Children are not just small adults; their bodies are still growing, and the emotional impact of a severe injury can shape the rest of their lives. A child burn injury case requires a different approach.
- Long-Term Medical Needs: A scar on a child does not grow with them. As a child grows, scar tissue can tighten, restricting movement and requiring multiple future surgeries (like skin grafts or release procedures) to accommodate their growth. A life care plan must account for decades of potential medical care.
- Psychological and Emotional Impact: Children who suffer serious burns are at a higher risk for anxiety, depression, and post-traumatic stress. They may face social stigma or bullying because of their scars, which affects their self-esteem and social development. Compensation must account for the need for long-term psychological support.
- Proving the Case: Children may not be able to explain exactly how an accident happened. This makes the independent investigation even more important. We must rely on physical evidence, witness statements, and expert analysis to piece together what occurred.
FAQ: Common Questions About Chicago Burn Injury Claims
Can I file a lawsuit if I was burned at a friend's apartment?
Yes. Many people hesitate in this situation because they do not want to sue a friend. It's important to understand that a claim is typically made against the property owner's or renter's insurance policy, not against your friend personally. This is why people have insurance—to provide financial coverage for accidents that happen on their property.
What if the insurance company says the accident was partly my fault?
This does not automatically prevent you from recovering compensation. Illinois follows a "modified comparative negligence" rule. This legal concept, found in statute 735 ILCS 5/2-1116, means you can still recover damages as long as you are found to be 50% or less responsible for the incident. Your final compensation award would simply be reduced by your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of your total damages.
I was burned on the job. Is workers' compensation my only option?
Not always. While workers' compensation is generally the only remedy against your direct employer, you might have what is called a "third-party claim." For instance, if your burn was caused by a defective piece of machinery on a construction site, you could have a product liability claim against the manufacturer of that machine. This would be a separate personal injury lawsuit in addition to your workers' comp benefits.
Get Justice Today
A severe burn injury changes your life in an instant, but it does not have to define your future. You have the right to hold the responsible party accountable and seek the financial support you need to cover your medical care, replace your lost income, and help you move forward. You do not have to face this alone.
If you or a family member has suffered a burn injury in the Chicago area, please reach out to us. Your consultation is always free and completely confidential.
Call us now at (312) 924-7575 to get the help you need.
Chicago
Office
Address: 100 N LaSalle St #1710, Chicago, IL 60602
Phone: (312) 924-7575
Fax: (855) 529-2442