Car accidents often bring to mind broken bones or whiplash, but burn injuries are a hidden danger many victims never expect. In Massachusetts, these injuries can leave survivors facing painful recoveries, permanent scarring, and financial strain from medical bills. Understanding how the law treats burn injuries from car accidents and what rights victims have is essential for anyone navigating the aftermath of a crash.
The Nature of Burn Injuries in Car Accidents
Burns from car accidents are usually caused by fires, explosions, or contact with hot metal and chemicals. In severe crashes, ruptured fuel tanks or electrical sparks can ignite flames that trap drivers and passengers. Even without fire, exposure to leaking radiator fluid, hot airbag gases, or chemical spills can result in serious burns.
Medical professionals classify burns in degrees of severity: first-degree (surface redness), second-degree (blisters and deeper tissue damage), and third-degree (destruction of skin layers and nerve endings). Victims of car accident burns often face more than physical pain: they may need grafts, reconstructive surgery, and long-term rehabilitation.
Massachusetts Car Accident Liability and Burn Injuries
In Massachusetts, liability for a burn injury depends on the same negligence principles that apply to other car accident injuries. A driver who causes an accident through reckless or careless behavior may be responsible for damages. Massachusetts follows a modified comparative negligence rule under General Laws c. 231 § 85, meaning victims can recover compensation if they are less than 51% at fault for the accident. If they are partially at fault, their recovery is reduced in proportion to their share of responsibility.
Insurance Coverage in Massachusetts Car Accidents
Massachusetts is a no-fault insurance state, which means drivers first turn to their own Personal Injury Protection (PIP) coverage for medical expenses, lost wages, and related costs. However, burn injuries often exceed PIP’s $8,000 limit. When medical costs surpass this amount or injuries are considered “serious,” victims can pursue a claim against the at-fault driver’s insurance.
The threshold for stepping outside the no-fault system includes permanent and serious disfigurement, a category that burn injuries often meet. This allows victims to seek broader compensation, including pain and suffering, through a personal injury lawsuit. For more details, Massachusetts auto insurance laws are outlined under General Laws c. 90 § 34M
Types of Damages Burn Injury Victims May Recover
Victims of car accident burn injuries in Massachusetts can pursue both economic and non-economic damages.
- Economic damages: These include hospital bills, surgeries, rehabilitation, medications, lost wages, and reduced earning capacity.
- Non-economic damages: Pain and suffering, disfigurement, emotional distress, and loss of enjoyment of life.
In extreme cases where a driver’s conduct is particularly reckless, such as drunk driving, Massachusetts courts may award punitive damages in wrongful death claims.
Examples of Burn Injury Claims in Massachusetts
Consider a Massachusetts driver whose car was rear-ended on I-93, causing the gas tank to rupture and ignite. The victim suffered second- and third-degree burns to their legs and arms. Their PIP coverage quickly ran out, and they required multiple surgeries. Because burn injuries are categorized as permanent and disfiguring, the victim was able to file a claim against the at-fault driver for full compensation, including long-term medical care and pain and suffering.
This type of case illustrates how quickly medical expenses and legal complexities can overwhelm victims, making experienced legal guidance essential.
The Role of Medical Evidence in Burn Injury Claims
In practice, burn injury claims rely heavily on medical documentation. Doctors’ notes, photographs of injuries, treatment records, and testimony from specialists can all demonstrate the severity of the burns and their long-term impact. Massachusetts courts give significant weight to expert testimony in proving both the cause and consequences of a burn injury.
Insurance companies may try to argue that certain treatments are cosmetic rather than medically necessary. An experienced Massachusetts car accident attorney can help present medical evidence in a way that makes clear the connection between the accident and the victim’s ongoing struggles.
Long-Term Impact of Car Accident Burn Injuries
Burn survivors often face physical and emotional challenges beyond the initial healing period. Scarring can cause limited mobility, while nerve damage may lead to chronic pain. Many victims also experience psychological trauma, including anxiety or depression, particularly when burns alter their appearance.
The Massachusetts healthcare system offers extensive rehabilitation resources, but costs can be overwhelming. That is why securing fair compensation is not just about medical bills; it’s about ensuring long-term stability for victims and their families.
Why Legal Guidance Matters in Massachusetts Burn Injury Cases
Massachusetts personal injury law creates both opportunities and challenges for burn victims. The state’s no-fault system can limit claims, but exceptions for permanent injuries open the door to substantial compensation. The challenge lies in proving the seriousness of the injury and connecting it to the crash.
In reality, insurance adjusters may minimize the impact of a burn injury or push for quick settlements. Without strong advocacy, victims may settle for less than what they truly need to cover future surgeries or psychological support.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Recovering from a burn injury after a Massachusetts car accident is never simple. You may be facing hospital stays, skin grafts, or a lifetime of visible scars while also worrying about how to pay your bills. At Brandon J. Broderick, Attorney at Law, we understand the unique struggles burn survivors face, from the physical pain to the emotional toll of disfigurement.
Our Massachusetts car accident lawyers fight for victims whose injuries exceed no-fault limits, ensuring they can pursue the full compensation they deserve. We represent clients in cases involving vehicle fires, chemical burns, airbag explosions, and other accident-related injuries. Whether your case involves mounting medical costs, an insurer refusing to acknowledge your pain and suffering, or questions about long-term rehabilitation, we are prepared to guide you every step of the way.
If you or a loved one has suffered burn injuries in a Massachusetts car accident, do not navigate this process alone. With our legal team by your side, you can focus on recovery while we handle insurers and defendants.