# Burn injuries after a car accident: what a claim involves

> How burns from a car crash fit into an injury claim: burn depth, vehicle fires, long treatment, and scarring and disfigurement as damages.

Canonical page: https://accidentclaimfacts.com/injuries/burn-injuries/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A crash can burn people through fire, hot liquids or chemicals. Doctors describe a burn by its depth (first, second or third degree, and deeper) and by how much of the body it covers. Deep burns can mean skin grafts, surgery and a long recovery: the National Institutes of Health says third-degree burns always require skin grafts. A burn claim can include medical bills, lost pay and future care, plus non-economic damages for pain and for scarring and disfigurement, which some state laws name directly.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| How burns are classified | By depth and by the area they cover | NIGMS |
| First-degree burn | Damages the outer layer of skin (epidermis) | NIGMS |
| Second-degree burn | Damages the outer layer and the layer beneath (dermis) | May need a graft and may scar |
| Third-degree burn | Damages or destroys both layers of skin | NIGMS: they always require skin grafts |
| Recovery after major burns | a year or more | Finding from NIGMS-funded research |
| Vehicle fires in the US, 2024 | 211,500 | All causes, not only crashes (NFPA estimate) |
| Time a provider has to answer a records request | 30 days | Under HIPAA |

## How burns are described

The National Institute of General Medical Sciences (NIGMS), part of the NIH, says burns are defined by how deep they are and how large an area they cover. Both measures appear in medical records, and both matter to an insurer reviewing a claim.

| Depth | What it damages, according to NIGMS |
|---|---|
| First degree | The outer layer of the skin (epidermis) |
| Second degree | The outer layer and the layer beneath it (dermis); these burns might need a skin graft and may leave a scar |
| Third degree | Both layers of skin, including hair follicles and sweat glands; these burns always require skin grafts |
| Fourth to sixth degree | Extend into fat, muscle and bone |

MedlinePlus adds that burns can cause swelling, blistering, scarring and, in serious cases, shock and even death, and that damaged skin raises the risk of infection. Breathing smoke can cause a separate inhalation injury. Only the treating doctors can say what a particular burn means for a particular person, so the claim relies on their records.

## How burns happen in a crash

MedlinePlus lists the causes of burns as heat, chemicals, electricity, sunlight and radiation, with scalds from hot liquids and steam, building fires, and flammable liquids and gases among the most common. In a crash, that can mean a vehicle fire, spilled fuel, hot fluids from the engine, or chemicals.

Vehicle fires are not rare. The U.S. Fire Administration reports a National Fire Protection Association estimate of 211,500 vehicle fires in 2024. That figure counts fires from every cause, not only crashes, so it shows scale, not crash risk.

When a fire follows a crash, the vehicle itself can be important evidence. Questions about why a fire started, such as a fuel or battery problem, can bring a vehicle or parts maker into the claim alongside the other driver. Once a burned car is scrapped, that evidence is gone, so many people ask a lawyer early whether the vehicle should be kept for inspection.

## Long treatment and how it shapes a claim

Serious burns can take a long time to treat. NIGMS describes surgeons removing burned tissue and covering the wound with a skin graft, and it notes that injured body parts need to be exercised to keep their function and range of motion. It also reports that NIGMS-funded research on the body's response to major injury found that the bodies of burn survivors require a year or more to recover.

That timeline affects the claim in three ways:

1. **The bills keep growing.** Emergency care, a burn unit stay, grafting surgeries, therapy and later scar care each add records and costs, which are economic damages.
2. **The full picture comes late.** Insurers usually value a claim once the person reaches maximum medical improvement, and with burns that can take a long time. Future care that doctors expect, such as more surgery, can be part of the claim.
3. **The deadline does not wait.** The filing deadline is 2 years in Texas, 2 years in California and 3 years in New York. A lawsuit may need to be filed before treatment ends. Check your state on the [state deadlines page](https://accidentclaimfacts.com/location/).

## Scarring and disfigurement as damages

Burns can change how a person looks for the rest of their life. The law treats that as a loss of its own, separate from medical bills. These losses are non-economic damages: they have no receipt, but they are real. Texas law, for example, defines non-economic damages to include physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life and injury to reputation.

Because there is no bill for a scar, the evidence is mostly visual and personal:

- photos of the burns taken at each stage, from the first days through grafting and healing;
- the doctors' descriptions of the size, location and depth of each burn and any scarring;
- notes on how scars affect movement, comfort, work, sleep and social life;
- statements from family, friends or coworkers who saw the changes.

There is no formula for these damages. California's civil jury instructions, for example, tell jurors: "No fixed standard exists for deciding the amount of these noneconomic damages." Our guide to [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/) explains how insurers and juries approach them, and the [types of damages](https://accidentclaimfacts.com/money/types-of-damages/) guide shows how they fit with the rest of a claim.

> **Note:** Burns and disfiguring injuries can also affect mental health. If anxiety, flashbacks or depression follow the crash, our guide to [PTSD after a car accident](https://accidentclaimfacts.com/injuries/ptsd-after-a-car-accident/) explains how emotional harm fits into a claim.

## Disfigurement in no-fault states

In most states you can claim pain and suffering from the at-fault driver. In some no-fault states you first need to meet a serious injury threshold, and several of those thresholds name disfigurement or scarring:

| State | Injuries that open a pain-and-suffering claim |
|---|---|
| New York | A serious injury, such as death, dismemberment, significant disfigurement, a fracture, or a permanent or significant limitation of use of a body organ, member, function or system |
| Florida | significant and permanent loss of an important bodily function, a permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death |
| Michigan | death, serious impairment of body function, or permanent serious disfigurement |
| Utah | Medical expenses above $3,000, or death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, or a bone fracture |

Words like "significant", "permanent" and "serious" do a lot of work in these laws, and courts decide what they mean case by case. A licensed attorney in your state can explain how the threshold is applied there.

## Records that support a burn claim

Burn claims involve many providers, so records come from many places. People often keep:

- ambulance, emergency room and burn unit records;
- operative reports for each surgery or graft;
- therapy notes on movement, strength and daily tasks;
- itemized bills and receipts for prescriptions, supplies and travel to appointments;
- proof of lost pay, such as pay stubs and an employer letter;
- the photo record and a journal of pain, sleep and activities you could not do.

Under HIPAA, a provider must act on a written request for your records within 30 days. Health insurance or personal injury protection may pay bills first and later seek repayment from a settlement, so a final tally of every bill matters before anything is signed. The [claim process guide](https://accidentclaimfacts.com/claim-process/) explains each step.

## FAQ

### Can I make a claim for burns from a car accident?

Yes, if someone else is legally responsible. A burn claim can include medical bills, lost pay, future care, pain and suffering, and scarring or disfigurement. If a fire was caused by a vehicle or parts problem, a maker may share responsibility.

### What is the difference between first-, second- and third-degree burns?

NIGMS says first-degree burns damage the outer layer of skin, second-degree burns also damage the layer beneath, and third-degree burns damage or destroy both layers. Third-degree burns always require skin grafts. Deeper burns can reach fat, muscle and bone.

### Is scarring part of a car accident claim?

Yes. Scarring and disfigurement are generally part of non-economic damages, and Texas law names disfigurement in its definition of non-economic damages. Photos over time and the doctors' descriptions are the main evidence.

### Does disfigurement count as a serious injury under no-fault law?

In several no-fault states it can. New York lists significant disfigurement, Florida lists significant and permanent scarring or disfigurement, Michigan lists permanent serious disfigurement and Utah lists permanent disfigurement.

### How long does a burn injury claim take?

It depends mostly on treatment. NIGMS reports research finding that burn survivors' bodies require a year or more to recover, and claims are usually valued once the treating doctors can describe the long-term picture. The filing deadline keeps running in the meantime.

### What if the car caught fire because of a defect?

Then the vehicle or a part maker may share responsibility. The burned vehicle is key evidence, so many people ask a lawyer quickly about keeping it from being scrapped.

## Sources

- [MedlinePlus (National Library of Medicine), Burns](https://medlineplus.gov/burns.html) — causes, types and complications of burns
- [New York State Senate, Insurance Law § 5104](https://www.nysenate.gov/legislation/laws/ISC/5104) — no recovery for non-economic loss except in the case of a serious injury
- [National Institute of General Medical Sciences (NIH), Burns fact sheet](https://www.nigms.nih.gov/education/fact-sheets/Pages/burns.aspx), checked October 29, 2026
- [U.S. Fire Administration (FEMA), Outside and vehicle fires statistics](https://www.usfa.fema.gov/statistics/outside-vehicle-fires/), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026
- [California Legislature, Code of Civil Procedure § 335.1](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1), checked October 29, 2026
- [New York State Senate, CPLR 214](https://www.nysenate.gov/legislation/laws/CVP/214), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 41.001(12)](https://tcss.legis.texas.gov/resources/CP/htm/CP.41.htm), checked October 29, 2026
- [Judicial Council of California, Civil Jury Instructions (CACI) 2026 edition, No. 3905A](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf), checked October 29, 2026
- [New York State Senate, Insurance Law § 5102(d) and § 5104(a)](https://www.nysenate.gov/legislation/laws/ISC/5102), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.737(2)](https://www.flsenate.gov/Laws/Statutes/2026/627.737), checked October 29, 2026
- [Michigan Legislature, MCL 500.3135(1)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135), checked October 29, 2026
- [Utah Legislature, Utah Code § 31A-22-309(1)(a)](https://le.utah.gov/xcode/Title31A/Chapter22/C31A-22-S309_2026050620260506.html), checked October 29, 2026
- [HHS, HIPAA FAQ: How timely must a covered entity be in responding to individuals' requests for access to their PHI?](https://www.hhs.gov/hipaa/for-professionals/faq/how-timely-must-a-covered-entity-be/index.html), checked June 24, 2016