Burn injuries change lives. One moment you’re driving home, the next, you’re in the emergency room, your skin scorched, your body in shock. Burn injury victims of drunk driving accidents don’t just suffer physical pain; they face psychological trauma, financial losses, and the harsh reality of long-term medical treatment. In many personal injury cases involving a car crash, victims don’t realize they may be entitled to substantial compensation for all that was taken from them.
This article breaks down the damages available for burn injuries caused by drunk-driver crashes, offering clarity, direction, and a better understanding of the legal rights that protect victims. Whether you’re recovering from chemical burns, electrical burns, or burns that have progressed into severe third or fourth-degree injuries, the damage can be devastating and long-lasting. You deserve to know what support is available and how to claim it. For specific advice catered to your case, get in touch with an experienced burn injury lawyer.
Understanding the Impact of Burn Injuries in Drunk Driving Accidents
Burn injuries sustained in motor vehicle accidents caused by a drunk driver can range from mild to severe tissue damage and even life-threatening complications. These injuries often require prolonged medical care and multiple doctor’s appointments, especially in the case of third-degree burns or fourth-degree burns, which damage all layers of skin and sometimes even bones and muscles.
Common burn injuries from car accidents include:
- First-degree burn: Affects only the outer skin layer, similar to mild sunburn.
- Second-degree burn: Penetrates deeper, often blistering.
- Third-degree burn: Destroys the full thickness of skin and can lead to permanent nerve damage.
- Fourth-degree burns: Extend into muscle and bone, often requiring surgery or skin grafts.
Burn victims might suffer these injuries from a fuel fire, exploding battery, or even electromagnetic energy released during the crash. Chemical burns from leaking fluids and electrical burns from exposed wires are also common examples.
Survivors often face psychological trauma alongside physical pain, especially when visible scarring affects their self-esteem and well-being. The impact is deep and long-lasting.
Legal Protections for Burn Injury Victims in Drunk Driving Cases
Victims of drunk driving accidents have rights under both criminal and civil law. While criminal penalties hold the drunk driver accountable to the state, civil law allows accident victims to seek financial compensation for their injuries, including both economic damages and noneconomic damages. For Example:
In California,
Under California Civil Code § 3294, burn injury victims may be entitled to punitive damages (also called exemplary damages). Courts may award punitive damages when the drunk driver demonstrates extreme recklessness, such as driving with a high blood alcohol concentration (BAC) well above the legal limit.
In Nevada,
Under Nevada Revised Statutes § 42.005, if a drunk driver displays wanton disregard for the safety of others, such as driving while heavily intoxicated or knowingly putting others at risk, the court may award these damages to punish the wrongdoer and deter future misconduct.
These laws protect injury victims and enable them to recover damages beyond just medical expenses, providing full and fair compensation for what was lost.
Economic Damages: Covering the Tangible Costs of Burn Accident Injuries
Economic damages are the financial costs you can clearly document; expenses that hit hard and fast after the accident.
Burn victims may recover the following economic damages:
- Medical bills: From the emergency room visit, X-rays, surgeries, prescription medications, and rehabilitation.
- Future medical bills: For long-term care, skin grafts, and continued treatments.
- Lost wages: Compensation for time away from work during recovery.
- Loss of earning capacity: If the burn injuries permanently affect your ability to work.
The full extent of these financial losses may not be immediately obvious. Many victims underestimate how much ongoing care and support they’ll need. That’s why documenting every bill, missed paycheck, and treatment is crucial to claim maximum compensation.
In a serious burn accident, hospital stays can last weeks. Treatments like debridement, skin reconstruction, and pain management add up fast, placing a heavy burden on victims and families already reeling from the trauma.
Non-economic Damages: Compensating for Pain, Trauma, and Loss of Quality of Life
Not all suffering can be measured in dollars. That’s where noneconomic damages come in. These are awarded to compensate burn injury victims for the pain, loss, and emotional damage they endure after a car accident.
Examples of non-economic damages include:
- Physical pain: From the burn injuries themselves and from painful treatments.
- Suffering: Emotional and mental anguish, nightmares, or PTSD.
- Loss of enjoyment: Inability to participate in activities you once loved.
- Disfigurement and scarring: Permanent changes to appearance that impact confidence and relationships.
- Loss of well-being: Overall decline in health and happiness due to the accident.
Burn accident injuries don’t just leave a mark on your body; they leave one on your life. These invisible wounds deserve recognition and fair compensation under the law.
Punitive Damages: Holding the Drunk Driver Fully Accountable
Courts award punitive damages, not to compensate the victim directly, but to punish the drunk driver for their extreme recklessness and to deter similar behavior in the future.
To qualify for punitive damages, a victim must typically prove that the other driver showed willful disregard for safety. Driving under the influence is a common example of this standard being met, especially when it causes catastrophic injuries.
These damages serve a crucial purpose in personal injury cases involving drunk drivers. They send a message: driving drunk carries not just criminal penalties, but severe financial consequences. In some states, punitive damages are capped, but are still significant when awarded alongside compensatory damages. For example,
In Colorado, under C.R.S. § 13-21-102, courts may award punitive (exemplary) damages in personal injury cases if the at-fault party engaged in willful and wanton conduct, that is, reckless behavior done knowingly and without regard for others’ safety. The court caps punitive damages at an amount equal to the compensatory damages awarded. However, if the defendant continues that behavior during the lawsuit, the court may increase the award up to three times the actual damages.
Plaintiffs must first amend their pleadings after initial disclosures and provide prima facie proof of a triable issue to pursue punitive damages. The court may also reduce or deny punitive damages if it finds the purpose of deterrence has already been served.
Punitive damages are about justice. They ensure drunk drivers are held accountable not just in the criminal courts, but in the eyes of the victims they hurt.
Dealing With Insurance Companies and Protecting Your Legal Rights
Dealing with an insurance company after a drunk driving accident is rarely straightforward. Insurers often try to minimize payouts, even when car accident injuries are obvious and severe. They might argue your burn injuries aren’t that serious, or push for a quick settlement that doesn’t reflect your full extent of damages.
That’s why it’s essential to:
- Document everything from doctors’ appointments to X-rays and treatment plans.
- Avoid speaking with the other driver’s insurance company without legal advice.
- Keep receipts for all medical attention received, such as prescription medications.
- Maintain a journal of your physical pain and emotional struggles.
Understanding your legal rights is key to a strong recovery physically, emotionally, and financially. States like Nevada follow modified comparative negligence rules (NRS 41.141), meaning if you’re less than 51% at fault, you can still recover damages. Knowing the law helps accident victims protect their claim and their financial recovery.
Your Path to Justice and Recovery
Burn injuries caused by drunk-driver crashes leave more than scars. They leave emotional wounds, financial strain, and a long road to recovery. But under the law, burn injury victims don’t have to walk that road alone or without support.
You have the right to recover damages, pursue substantial compensation, and hold reckless drivers accountable. Whether you suffered from electrical burns, chemical burns, or a severe third-degree burn, the law stands with you.
At Bourassa Law Group, we understand how devastating car accident injuries can be, especially those involving burns. If you or a loved one has suffered burn injuries in a car accident caused by a drunk driver, our car accident lawyers are here to help you seek the full and fair compensation you deserve.
Contact us today for a free consultation to explore your rights, discuss your case, and take the next step toward healing and justice.
1-800-870-8910