Car accidents are one of the leading causes of traumatic injuries, and among the most severe are burn injuries, which can have lifelong physical and emotional consequences. New York car accident victims who suffer burns often face intense medical treatments, substantial rehabilitation needs, and considerable financial costs. Understanding the causes, types, legal considerations, and compensation options for burn injuries following car accidents is essential for victims seeking justice and fair recovery.

Types of Burn Injuries from Car Accidents

Burn injuries from car accidents can range in severity, and they generally fall into several categories. Each type presents unique challenges in treatment and recovery.

1. Thermal Burns: Caused by contact with extremely hot surfaces, flames, or heated metals within the vehicle, such as the engine or exhaust pipes.
2. Chemical Burns: Occur if victims come into contact with toxic chemicals, like battery acid or leaking fluids. These burns are challenging to treat because the chemicals can continue causing damage until they're entirely neutralized.
3. Electrical Burns: Occurs from exposure to electricity, which might occur if live wires are exposed or if a vehicle comes into contact with downed power lines during a collision.
4. Friction Burns: Often referred to as "road rash," these types of burns happen when the skin rubs against surfaces at high speeds. Friction burns are common in motorcycle accidents but can also occur if car occupants are ejected from their vehicles.

Each type of burn injury requires specialized medical attention, as the treatment approach can differ significantly.

The Severity of Burn Injuries: Classifications

Burns are classified by degrees, which indicate the depth of the skin damage:

• First-Degree Burns: Affects just the outer layer of the skin, causing redness and minor pain. These burns are usually minor and heal relatively quickly with proper care.
• Second-Degree Burns: Extend beyond the outer layer into the underlying skin. These burns cause blisters, swelling, and severe pain and often require medical intervention to prevent infection.
• Third-Degree Burns: Damage the entire thickness of the skin and can damage tissues beneath, leaving the skin black, white, or leathery. Third-degree burns are life-threatening and may require skin grafts and prolonged medical care.
• Fourth-Degree Burns: The most severe these burns affect muscles, tendons, and even bones. Treatment for fourth-degree burns is extensive and often requires surgery, including amputation in severe cases.

Causes of Burn Injuries in Car Accidents

The nature of car accidents in New York can contribute to different burn risks. Common causes include:

• Vehicle Fires: Fuel tank ruptures and battery fires are primary sources of vehicle fires following collisions. With the increase in electric vehicles, lithium-ion battery fires, which burn at extreme temperatures and are difficult to extinguish, are becoming more common.
• Explosions: Fuel and other combustible materials can explode during severe collisions, particularly in high-speed crashes.
• Airbag Deployment: While airbags are essential for reducing injury, the deployment mechanism can cause burns on contact. Airbags deploy with explosive force and release hot gasses, which may result in friction burns on the face and arms.
• Contact with Hot Surfaces: In severe collisions, victims may be trapped and in contact with hot parts of the vehicle, such as the engine or exhaust, leading to severe burns.

The Impact of Burn Injuries on Victims

Burn injuries lead to major physical, emotional, and financial impacts:

• Physical Pain and Disfigurement: Burns are among the most painful injuries and often lead to permanent scarring or disfigurement. These physical changes can drastically affect a victim's quality of life and emotional well-being.
• Medical Treatments and Costs: Severe burns require surgeries, skin grafts, and extensive rehabilitation, all of which can be costly. Burn treatments may take months or years, contributing to high medical bills.
• Loss of Income: Many burn victims are not able to work for extended periods, leading to lost wages and reduced earning capacity. In extreme cases, the injured party may be unable to return to work in their previous roles, impacting their future career and income.

Legal Considerations in New York for Burn Injuries in Car Accidents

In New York, burn victims have legal avenues to seek compensation, but understanding the legal framework is essential.

• Comparative Negligence: New York follows a "pure comparative negligence" rule, which means that those injured can recover damages even if they are partly at fault. However, the compensation will be lowered by the percentage of their fault.
• Statute of Limitations: The time period to file a personal injury lawsuit in New York is generally three years from the date of the accident. Failing to file within this timeframe might result in the loss of the right to pursue compensation.
• Insurance Claims: New York is a no-fault insurance state, meaning that victims first turn to their personal injury protection (PIP) coverage for immediate medical expenses and lost wages. However, if injuries are severe and exceed the PIP limits, victims can pursue a lawsuit against the at-fault party.

Compensation for Burn Injuries in Car Accidents

Burn victims may be eligible for various types of compensation:

• Medical Expenses: This includes both current and future medical costs related to the injury, such as surgeries, medications, and rehabilitation.
• Lost Income and Loss of Earning Capacity: If a burn injury affects a victim's ability to work, they are able to claim compensation for lost income and potential future earnings.
• Pain and Suffering: Courts recognize the emotional and physical pain associated with burn injuries and may award damages to compensate for this suffering.
• Disfigurement: Severe burns often lead to visible scars or disfigurement, which can be emotionally traumatic. Compensation for disfigurement helps victims manage the long-term psychological effects.
• Loss of Enjoyment of Life: When severe injuries prevent victims from enjoying activities they once loved, they may be entitled to compensation for this loss.

Steps to Take After a Burn Injury from a Car Accident

Victims of car accidents in New York should take these important steps to protect their rights and secure compensation:

• Seek Immediate Medical Attention: Prompt medical care is essential for burn injuries. Even seemingly minor burns can worsen if untreated.
• Document the Injury: Take photographs of the burn, keep medical records, and record all treatment-related expenses.
• Contact an Attorney: Working with a New York personal injury attorney experienced in burn injuries can be beneficial. They can navigate the complexities of burn injury claims and fight for maximum compensation.

Conclusion

Burn injuries from car accidents can have devastating effects on victims' lives, requiring ongoing treatment and impacting physical and emotional well-being. New York law offers avenues for victims to seek compensation, but understanding the process and legal nuances is essential for an effective claim. By working with a qualified attorney and following necessary post-accident steps, burn victims can work toward achieving justice and rebuilding their lives.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.