Burn injuries are among the most devastating injuries that a person can suffer. The cases in which they arise and the legal issues involved are often complex and challenging. In 2012, our attorneys recovered a major settlement (as seen to the right side of the page) for a victim of a severe on-the-job electrocution burn injury. We have experience in handling serious injury cases such as these and provide free initial consultations with an experienced burn injury lawyer to see how we can fight for you.
At Simmons and Fletcher, P.C., our personal injury trial lawyers we understand the life-long struggles that follow a serious burn injury. An experienced burn injury lawyer will fight to recover the most allowed by law to account for these issues. If someone has caused you or a loved one to suffer a burn injury, we invite you to call us now and speak to one of our attorneys to learn your rights. It’s important to understand that you may have the right to be compensated for:
- Medical expenses;
- Lost wages;
- Pain and suffering;
- Wrongful death;
- Physical impairment;
- Loss of consortium;
- Loss of society;
- Loss of companionship;
- Funeral expenses.
At Simmons and Fletcher, P.C., an experienced burn injury lawyer near you will help burn victims and their family members hold the responsible parties accountable. Contact us today to schedule a free consultation to learn how we can assist you! We’re only a phone call away: (713) 932-0777.
Causes of Burn Injuries
Burn injuries may occur for any number of reasons and can take place at home, work, or even when driving your car. They may be caused by faulty wiring in your home that started a house fire, or during an auto accident motorcycle accident, or truck wreck–especially if your car has a design defect that causes it to be more prone to exploding or starting on fire upon impact. Even a defective product such as an e-bike can cause you to suffer a burn injury if the product starts on fire or causes a fire in your home.
Many burn injuries also occur when people are performing work tasks. For example, someone working with machines such as a welding machine or a blow torch may be susceptible to burn injuries. Chemical burns and electrical burns are also commonly caused by the performance of job duties, and these types of burn injuries can be especially serious.
Liability for Burn Injuries in Houston
Establishing liability for your burn injuries is critical. The liable party will be ordered to compensate you for your damages accordingly. For this reason, one of our top priorities will be investigating the cause of your burns so we can identify the at-fault party.
The type of accident you were involved in will help us figure out who should be held accountable. For example, if your third-degree burns were caused by a motor vehicle crash, several parties could share the blame, including:
- Negligent drivers;
- Road construction workers;
- The city of Houston;
- Maintenance workers;
- Motor vehicle parts manufacturers;
- Motor vehicle dealerships;
- The Texas Department of Transportation (TxDOT);
- Commercial trucking companies.
Alternatively, if your burn injuries happened due to the hazardous conditions on someone else’s property, you may have grounds for a premises liability claim. Here, property owners are generally held accountable for the survivor’s injuries due to their failure to maintain the safety of their promises to invited guests.
You might also suffer severe burn injuries in a work-related accident. If this happens, it is important to consider how the accident occurred. You may have the right to worker’s compensation benefits if your employer has opted into the worker’s comp insurance program. However, if not, filing a third-party liability lawsuit is often the best way to pursue compensation for every single loss, not only those offered by the insurance company. After a work injury, your employer, equipment manufacturers, safety protection suppliers, and other third parties may share liability for your damages depending on the circumstances of your case.
As can be seen, multiple parties are often examined for culpability when claimants suffer catastrophic and debilitating burns. Your Houston burn injury attorney will carefully evaluate the evidence in your case to ensure you can receive fair compensation for your losses.
Types of Burn Injuries
Burn injuries are typically classified by degree. For example;
- First-degree burns cause skin irritation but generally no lasting or permanent damage;
- Second-degree burns affect the underlayer of the skin and cause pain and blistering. Thermal burns as a result of flames, hot liquids (such as hot water or coffee), and chemicals can all cause second-degree burns, and typically these burns will need medical attention;
- Third-degree burns penetrate the entirety of the layer of skin and often result in lifelong impact, as your nerve endings are typically destroyed. It is common for people who suffer third-degree burns to go into shock, and prompt emergency medical treatment in the form of skin grafts is necessary;
- Fourth-degree burns damage skin tissue and muscle, tendon, and ligament underneath. These burns are often fatal;
- Fifth and sixth-degree burns are catastrophic injuries that penetrate every part of the body between skin and bone. Causes may include chemical explosions or fires. Injury victims with fifth and sixth-degree burns almost always cause death and are usually diagnosed during an autopsy. In rare cases, a person can survive but will need the burned or affected body part amputated.
How to Recover Compensation for Your Suffering
There is no shame in hoping to recover maximum financial compensation for your damages. It does not mean you are filing a frivolous lawsuit, but rather that you do not want to get stuck covering the costs of another party’s negligent actions. Fortunately, there are multiple ways personal injury claimants can fight for the compensation they are due.
In most cases, you may have an opportunity to file a claim with the liable party’s insurance company. Texas is a fault state for tort claims, which means the liable party is expected to compensate the injured party for their losses. However, filing a claim with the insurance company can be tricky. Insurers are profit-driven and do not prioritize a claimant’s financial needs. Furthermore, insurance settlements do not typically offer fair compensation for non-economic damages (i.e. pain and suffering, emotional anguish, etc.) and a wide variety of economic losses. This means you may have remaining damages the insurance company does not offer compensation for even if you obtain a settlement on your own without a lawsuit.
When the liable party does not have insurance coverage or their insurance does not cover your losses in full, filing a personal injury lawsuit against them may be your best option. When you file a personal injury claim in Texas civil courts, you have the right to be made whole. This means every allowable loss should be taken into consideration when calculating the value of your claim.
It is also worth noting that if you were injured in a work-related accident, you may have the right to benefits through your employer’s worker’s compensation insurance provider. However, since Texas is the only state in America that does not require employers to purchase workers comp coverage, your employer may not have this protection available to you. If they do, you may be able to collect certain types and amounts of benefits through the insurance company. However, this will be limited and is unlikely to cover your losses in full.
Figuring out which options are most suitable for your case can be confusing. Your burn injury lawyer in Houston, TX will go over the details of your injuries and the accident to determine the legal recourse you should take to pursue the maximum compensation for your damages.
Potential Damages You Could Be Entitled To
After suffering a severe burn injury caused by someone else’s negligent actions, you should be compensated fairly. However, what is “fair compensation”? According to Texas personal injury laws, you should be reimbursed for every single way your life has been impacted by your burn injuries and the accident that caused them.
Commonly known as compensatory damages, a combination of economic and non-economic losses will be carefully reviewed and quantified so we understand the true value of your claim. Examples of potentially recoverable damages for burn injury survivors and their families include:
- Lost income;
- Diminished earning potential;
- Healthcare costs which may include physical therapy;
- Future medical care;
- Pain and suffering;
- Disfigurement and skin scarring;
- Permanent disability;
- Loss of enjoyment of life;
- Medical devices and equipment costs;
- Home accommodations;
- Loss of household services;
- Emotional distress.
Depending on the circumstances of your case and the severity of your injuries suffered following a burn accident, you should rely on a skilled law firm that will do everything in its power to prove that your burn injury was the result of another party’s negligence. With years of experience handling workplace accidents, we have witnessed the physical and psychological trauma associated with these types of severe burn injuries and we have helped our clients get the justice and fair compensations they serve.
We also have the legal resources and knowledge to handle other personal injury cases. If you have been involved in a truck accident, a car accident, or a construction accident, or experienced an injury from defective products, reach out to our team of personal injury lawyers from Simmons & Fletcher, P.C. today.
Our law firm of Houston burn injury lawyers have an excellent track record of success and have the case results to prove this. If we feel that there are compelling facts to undertake your burn injury case, we will proceed. As we operate under a contingency fee basis, you will not owe us a cent unless we successfully win your claim. We’ve proudly stood alongside burn injury victims. Now let us shoulder the burden of handling your burn injury claim so you can focus on your recovery. Contact us today for your free case evaluation: (713) 932-0777.
Houston Burn Injury FAQ
What is the statute of limitations for burn injury claims in Houston?
According to Texas Civil Practice & Remedies Code Section 16.003, the statute of limitations for burn injury claimants will expire two years from the date of the accident for adults. Minors have until their 20th birthday for some of their claims. If your lawsuit is not filed before time runs out, you can expect the Texas civil court system to refuse to hear your case.
What happens if I am accused of sharing fault for the accident?
Texas follows a modified comparative negligence system. This means if you are partially at fault, under Texas Civil Practice and Remedies Code Section 33.001, you can still recover compensation for your damages as long as your liability is not greater than 51%. Expect your settlement or judgment to reflect a deduction that correlates with your percentage of blame. For example, if you are 25% liable for the accident, expect to recover 75% of your total damages assuming there is sufficient insurance coverage or assets to cover a judgment.
Let Us Handle Your Burn Injuries Claim
When you or a loved one suffers a burn injury due to the negligence of another, it’s crucial to have aggressive legal representation. At Simmons and Fletcher, P.C., an experienced Houston burn injury lawyer near you can help you after suffering a burn injury. Contact us today to learn more: (713) 932-0777.