Burn Injury Claims in Illinois

Home >
Blog >
Burn Injury Claims in Illinois: Types, Treatment, and Compensation

A construction worker suffers second- and third-degree burns to his hands and forearms when a defective electrical panel arcs during routine maintenance. A passenger in a rear-end collision is burned when the fuel tank ruptures and ignites. A child is scalded by water from a residential water heater with a defective thermostat. Burn injuries happen in a wide range of contexts, and the medical and financial consequences are among the most severe of any personal injury.

Types and Severity of Burns

Burns are classified by depth. First-degree burns affect only the outer layer of skin and typically heal without scarring. Second-degree burns penetrate into the dermis, causing blisters, significant pain, and potential scarring. Third-degree burns destroy the full thickness of the skin, often requiring skin grafts and leaving permanent scarring. Fourth-degree burns extend through the skin into underlying muscle, tendon, or bone and frequently require amputation or extensive reconstructive surgery.

The severity of a burn injury depends on more than just depth. The total body surface area (TBSA) affected is a critical factor in prognosis and treatment. Burns covering more than 20 percent of an adult’s body surface often require treatment at a specialized burn center, which may involve weeks or months of inpatient care. The location of the burn matters as well. Burns to the hands, face, feet, genitals, and major joints carry higher functional and cosmetic consequences.

Common Causes of Burn Injuries in Legal Claims

Burn injuries that give rise to legal claims typically fall into several categories. Motor vehicle fires caused by fuel system defects or post-collision ignition. Workplace burns from electrical equipment, chemical exposure, or industrial processes. Premises liability burns from fires caused by faulty wiring, gas leaks, or code violations in residential or commercial buildings. Product liability burns from defective consumer products, including water heaters, space heaters, cooking appliances, and flammable fabrics. Chemical burns from improperly stored or labeled hazardous substances.

In each of these scenarios, the central legal question is whether someone’s negligence, or a product defect, caused or contributed to the burn injury. Illinois recognizes claims based on negligence, strict product liability, and premises liability, depending on the circumstances.

Damages in Illinois Burn Injury Cases

The damages in a burn case reflect the extraordinary medical burden these injuries impose. Acute burn treatment is expensive. A single day in a burn center ICU can cost thousands of dollars. Skin grafting procedures, debridement, wound care, and infection management add to the total. After discharge, most burn survivors face months of physical therapy, occupational therapy, and scar management, including pressure garments, silicone treatments, and potentially additional surgeries.

Under Illinois law, recoverable damages include all past and future medical expenses that are reasonably necessary for treatment. Lost wages during recovery and diminished future earning capacity are compensable. Non-economic damages cover pain and suffering, disfigurement, emotional distress, and loss of normal life. Illinois Pattern Jury Instruction 30.01 guides jurors in evaluating these non-economic categories. Disfigurement is a particularly significant element in burn cases, as visible scarring affects a person’s self-image, social interactions, and employment prospects for the rest of their life.

For an overview of how personal injury claims work in Illinois, including burn injuries, see our personal injury practice area page.

Proving Liability in a Burn Case

The evidence in a burn case depends on the cause. In a product liability case, you need to identify the specific product that caused or contributed to the fire, preserve the product for expert examination, and retain an expert who can testify about the defect. Fire investigation reports, whether prepared by a local fire marshal or a private investigator, are often critical. In a workplace burn case, OSHA reports, employer safety records, and witness statements help establish whether the employer violated safety standards. In a premises liability case, building code compliance, inspection records, and fire department reports bear on whether the property owner maintained safe conditions.

Causation in burn cases can be complex. The defendant may argue that the plaintiff’s own conduct contributed to the injury, or that an intervening cause broke the chain of causation. Illinois’s modified comparative fault rule under 735 ILCS 5/2-1116 permits recovery as long as the plaintiff’s fault does not exceed 50 percent, but the defense will push hard to allocate fault to the injured person.

Injured? Get the Help You Deserve.

The attorneys at Parker & Parker offer free, no-obligation consultations. Call (309) 692-8900 or schedule online to discuss your case today.

Frequently Asked Questions

How much is a burn injury case worth in Illinois?

There is no fixed formula. The value depends on the severity and location of the burns, the extent of scarring and disfigurement, the total medical costs, the impact on earning capacity, and the strength of the liability evidence. Third-degree burns covering a significant body area with permanent scarring and functional limitations tend to result in substantial recoveries, but every case turns on its specific facts.

Can I sue my employer if I was burned at work?

In most cases, workers’ compensation is the exclusive remedy against your employer. However, if a third party’s negligence caused the burn, such as a defective product or a subcontractor’s error, you can pursue a personal injury claim against that third party while also collecting workers’ compensation benefits. An attorney can evaluate whether a third-party claim exists.

What is the statute of limitations for a burn injury claim?

The general statute of limitations for personal injury in Illinois is two years from the date of injury under 735 ILCS 5/13-202. Product liability claims also have a two-year limitation period from the date the injury was or should have been discovered. For minors, the limitations period is tolled until the child turns 18.

Learn more about how the experienced personal injury lawyers in Peoria help injury victims across Central Illinois.

Need a lawyer? This article is part of our Peoria Personal Injury Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Burn Injury Claims in Illinois: Types, Treatment, and Compensation