Key Takeaways: What Every Burn Injury Victim Should Know
- You have two years from your accident date to file a burn injury claim in Texas, or you may lose your right to compensation forever.
- Burn injury cases can involve multiple liable parties including employers, property owners, product manufacturers, and negligent drivers.
- Even if you’re partially at fault, you can still recover compensation in Texas as long as you’re less than 51% responsible for the accident.
- Severe burns often require extensive medical treatment including skin grafts, physical therapy, and long-term care that can cost hundreds of thousands of dollars.
- Texas employers aren’t required to carry workers compensation, meaning you may be able to sue your employer directly if their negligence caused your workplace burn injury.
Get legal help from experienced Houston burn injury attorneys today. Contact us for a free consultation to understand your rights and potential compensation.
Why Choose Simmons & Fletcher After a Burn Injury in Houston?
At Simmons & Fletcher, our Houston burn injury attorneys have been fighting for burn injury victims since 1979. We understand the devastating physical, emotional, and financial impact that serious burns can have on your life and your family’s future.
Our experienced burn injury lawyers have successfully handled cases involving:
- Chemical burns from workplace accidents and defective products;
- Electrical burns from construction sites and faulty wiring;
- Thermal burns from car accidents, truck accidents, and explosions;
- Workplace burn injuries at refineries, construction sites, and industrial facilities.
What sets our Houston burn injury law firm apart:
- Proven track record: Our case results demonstrate millions recovered for burn injury victims;
- Board-certified expertise: Attorney Paul H. Cannon is Board Certified in Personal Injury Trial Law;
- Comprehensive care approach: We work with medical experts, economists, and rehabilitation specialists;
- No upfront costs: You pay no attorney fees unless we win your case.
From our Houston office, we serve clients throughout Harris County, including Downtown, West Houston, the Medical Center, and surrounding communities. We understand the unique risks Houston workers and residents face in our petrochemical and industrial environment.
Speak with a burn injury lawyer today. Call (713) 322-7623 for your free case evaluation.
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Understanding Burn Injuries: Types and Causes
Burn injuries can result from various sources and involve different types of damage to skin and underlying tissue. Understanding the type of burn and its cause is crucial for determining liability and appropriate medical treatment.
Thermal, Chemical, Electrical & Radiation Burns
Thermal burns are the most common type, caused by contact with flames, hot liquids, steam, or heated objects. These burns frequently occur in:
- Car accidents involving fuel fires;
- Home accidents with stoves, irons, and scalding water;
- Industrial accidents at refineries and manufacturing plants.
Chemical burns result from contact with acids, alkalis, or other corrosive substances. Common sources include:
- Battery acid and household cleaning products;
- Industrial chemicals at Houston-area petrochemical facilities;
- Defective products containing caustic materials.
Electrical burns occur when electric current passes through the body. These serious burns often happen at:
- Construction sites with faulty wiring;
- Industrial facilities with high-voltage equipment;
- Home accidents involving defective electrical appliances.
Radiation burns can result from medical treatments, sun exposure, or industrial radiation sources.
Common Sources: Fires, Explosions, Workplaces, Products
Houston burn injury victims most commonly experience burns from:
- Workplace accidents: According to estimates from the 2022 SOII and a report from the Texas Department of Insurance, Texas private industry employers reported 178,800 total recordable nonfatal cases for 2022, according to the Texas Department of Insurance, with burn injuries representing a significant portion of these workplace incidents;
- Vehicle crashes: Each year, from 2014 to 2016, an estimated 171,500 highway vehicle fires occurred in the United States, resulting in an annual average of 345 deaths; 1,300 injuries; and $1.1 billion in property loss, according to the U.S. Fire Administration;
- Residential fires: Faulty appliances, defective wiring, or landlord negligence;
- Product malfunctions: Water heaters, stoves, and other heating equipment;
- Industrial explosions: Refineries and chemical plants along the Ship Channel.
If you’ve suffered a burn injury caused by negligence, contact our experienced burn injury attorneys for a free consultation.
Severity Levels and Medical Treatment
The severity of your burn injury affects both your medical prognosis and potential legal compensation. Medical professionals classify burns by the layers of skin affected and the extent of tissue damage.
First-, Second- and Third-Degree Burns
First-degree burns affect only the outer layer of skin (epidermis). Symptoms include:
- Redness and mild pain;
- No blistering or open wounds;
- Healing within 3-7 days without scarring.
Work related first degree burns and pinhead sized second degree burns are considered minor injuries and not recordable by nature per OSHA recordkeeping standards.
Second-degree burns damage both the epidermis and dermis. These burns may require:
- Immediate medical attention to prevent infection;
- Possible skin grafts for deeper second-degree burns;
- Wound care and pain management;
- Physical therapy to maintain mobility.
Third-degree burns are full-thickness burns that destroy all layers of skin and may damage underlying tissue. Treatment typically includes:
- Emergency medical care and possible surgery;
- Skin grafting to replace destroyed tissue;
- Long-term rehabilitation and physical therapy;
- Pain management and psychological support.
Fourth-, fifth-, and sixth-degree burns involve damage to muscle, bone, and internal organs. These catastrophic injuries often result in permanent disability or death.
Long-Term Care and Rehabilitation
Severe burn injuries often require extensive long-term medical care, including:
- Multiple surgeries and skin grafting procedures;
- Physical therapy to maintain range of motion;
- Occupational therapy to relearn daily activities;
- Psychological counseling for trauma and disfigurement;
- Ongoing pain management and medical monitoring;
- Treatment for severe scarring and contractures.
The medical costs for severe burns are substantial. According to the Healthcare Cost and Utilization Project (HCUP) National Inpatient Sample (NIS), the 29,165 burn admissions per year (weighted estimates) represent 88.5 admissions per million lives per year. There were 795 inpatient deaths (overall mortality 2.7%), according to the American Burn Association.
Liability in Burn Injury Cases
Determining liability in burn injury cases requires proving that someone’s negligence directly caused your burns. Multiple parties may share responsibility for your injuries.
Negligent Individuals & Property Owners
Property owners can be liable for burn injuries when they fail to:
- Maintain smoke detectors and fire safety equipment;
- Repair faulty electrical wiring or heating systems;
- Install required sprinkler systems in high-rise buildings;
- Provide adequate fire exits and emergency lighting.
Landlord negligence often contributes to residential burn injuries through:
- Failure to maintain heating and electrical systems;
- Inadequate fire safety measures in rental properties;
- Delayed repairs to known fire hazards.
Individual negligence can include distracted driving causing vehicle fires or improper handling of flammable materials.
Product Manufacturers & Workplace Safety Violations
Product liability claims may arise when:
- Defective appliances cause fires or explosions;
- Faulty electrical equipment causes electrical burns;
- Chemicals lack proper warnings about burn risks;
- Vehicle fuel systems fail in crashes.
Employer negligence in workplace burn accidents often involves:
- Failure to provide proper safety training;
- Inadequate protective equipment for workers;
- Poor maintenance of industrial equipment;
- Violation of OSHA safety regulations.
Since workers compensation isn’t mandatory in Texas, you may be able to sue your employer directly if their negligence caused your burn injury. In 2022, the percentage of employers that were non-subscribers (25%) was the lowest in six years. On the other hand, the percentage of Texas employees working for non-subscribing employers (17%) was also the lowest in 12 years, according to the Texas Department of Insurance.
Steps to Take After Suffering a Burn
The actions you take immediately after a burn injury can affect both your health and your legal rights. Follow these important steps to protect yourself.
Emergency Care & Documentation
Seek immediate medical attention for any serious burn. Even minor burns can develop complications without proper treatment. Priority steps include:
- Call 911 for severe burns or if you’re in shock;
- Cool the burn with lukewarm (not cold) water;
- Cover the burn with a clean, dry cloth;
- Do not apply ice, butter, or home remedies;
- Follow all doctor’s orders for wound care and follow-up.
Document your injuries by:
- Taking photos of your burns (if possible);
- Keeping all medical records and bills;
- Recording how the burn affects your daily activities;
- Maintaining a journal of pain levels and symptoms.
Preserving Evidence & Incident Reports
Preserve evidence from the accident scene:
- Take photos of the location, equipment, or products involved;
- Get contact information from any witnesses;
- Report workplace accidents to your supervisor immediately;
- Don’t let anyone clean up or repair the accident scene yet.
File necessary reports:
- Complete incident reports for workplace injuries;
- Report car accidents to police and your insurance company;
- Notify property owners of injuries on their premises;
- Keep copies of all reports and documentation.
Contact a Houston burn injury attorney as soon as possible to preserve your legal rights and begin investigating your claim.
Damages Available in Burn Injury Claims
Burn injury victims in Texas can recover both economic and non-economic damages when we successfully prove another party’s negligence caused their injuries.
Compensatory Damages: Medical Bills & Lost Wages
Economic damages have clear financial value and include:
- Current and future medical costs: Emergency treatment, surgery, skin grafts, medications, and ongoing care;
- Lost wages: Income lost during recovery and reduced earning capacity;
- Rehabilitation expenses: Physical therapy, occupational therapy, and psychological counseling;
- Home modifications: Accessibility improvements if you’re permanently disabled;
- Transportation costs: Medical appointments and specialized treatment.
The medical costs alone for severe burns are substantial. According to government data, in 2020, CDC’s WISQARS database reported 3,529 fatal, and 287,926 non-fatal, burn injuries, demonstrating the significant scope of burn injuries requiring medical treatment.
Pain, Suffering & Disfigurement
Non-economic damages compensate for intangible losses:
- Physical pain and suffering: Ongoing discomfort from burns, treatments, and surgeries;
- Mental anguish: Trauma, anxiety, and depression from the accident and injuries;
- Disfigurement and scarring: Permanent changes to your appearance;
- Loss of enjoyment of life: Inability to participate in activities you once enjoyed;
- Loss of consortium: Impact on your relationship with your spouse.
In cases involving gross negligence, punitive damages may also be available to punish the defendant and deter similar conduct.
How Much Is My Houston Burn Injury Case Worth?
The value of your burn injury case depends on multiple factors unique to your situation. While every case is different, our experienced burn injury attorneys consider these key elements when evaluating your claim:
- Severity of burns: Third-degree burns requiring skin grafts typically result in higher settlements than first-degree burns;
- Location and extent: Burns covering larger body areas or affecting hands, face, or genitals often have higher values;
- Medical treatment required: Multiple surgeries, extended hospitalization, and ongoing care increase case value;
- Impact on work and daily life: Permanent disability or scarring that affects your career and relationships;
- Age and earning capacity: Younger victims with higher incomes may recover more for lost future earnings;
- Degree of defendant’s negligence: Egregious conduct may support higher compensation.
Burn injury settlements in Texas have ranged from tens of thousands of dollars for minor burns to millions for catastrophic injuries. Our attorneys work with medical experts and economists to ensure your claim reflects the full scope of your losses.
Find out how much your case could be worth. Contact our Houston burn injury lawyers for a free, confidential case evaluation.
Texas Laws Affecting Burn Injury Claims
Texas law establishes important deadlines and rules that affect your burn injury claim. Understanding these requirements helps protect your right to compensation.
Statute of Limitations
According to Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of your burn injury to file a lawsuit. Missing this deadline typically bars all recovery.
Special rules apply in certain situations:
- Minors: Children can file until their 20th birthday, but medical expense claims before age 18 belong to their parents;
- Discovery rule: If the cause of your burn or the identity of responsible parties was hidden, the deadline may start when you reasonably discovered the claim;
- Wrongful death: Families have two years from the date of death, not the accident date.
Comparative Fault Rules
Texas follows a modified comparative fault system under Chapter 33 of the Civil Practice & Remedies Code. This means:
- You can recover compensation even if you’re partially at fault;
- Your recovery is reduced by your percentage of fault;
- If you’re 51% or more at fault, you cannot recover damages;
- Multiple defendants’ fault percentages are allocated separately.
For example, if you’re 20% at fault for your burn injury and awarded $100,000, you would receive $80,000.
Related Resources
- Hair Salon Perm Burn Injury Lawyer: Get help if you suffered scalp burns from a negligent hair salon procedure, including inadequate strand testing.
- Offshore Accident Lawyer: Learn your rights after offshore accidents that can cause burns, explosions, and serious injuries to workers.
- Catastrophic Injury Attorney: Understand how severe burn injuries qualify as catastrophic injuries requiring comprehensive legal representation.
- Medical Malpractice Lawyer: Explore your options if medical negligence during burn treatment caused additional harm or complications.
- Motorcycle Accident Lawyer: Get legal help if you suffered burns in a motorcycle crash caused by a negligent or distracted driver.
- Personal Injury Damages: Learn about all types of damages available in burn injury cases, including future medical care expenses.
- Worst Offshore Accidents in History: Read about major offshore accidents that have caused burns, explosions, and fatalities to workers.
Burn Injury FAQs
What If My Burns Were Work-Related?
Texas is the only state that doesn’t require most private employers to carry workers compensation insurance. Texas enacted the first workers’ compensation laws in 1913, and since then, has held fast to the principle that private-sector employers should be allowed to choose whether to offer workers’ compensation to their employees. Businesses that provide coverage are called “subscribers.” Those that do not are called “non-subscribers.” according to the Texas Department of Insurance.
If your employer is a “non-subscriber,” you can file a lawsuit for workplace burn injuries. If they do have workers comp, you’re typically limited to those benefits unless gross negligence is involved.
Can I Sue for Scarring and Disfigurement?
Yes, severe scarring and disfigurement are compensable damages in Texas burn injury cases. These damages fall under non-economic losses and can be substantial, especially when burns affect visible areas like the face, hands, or arms.
What If a Defective Product Caused My Burns?
If a defective product caused your burn injury, you may have a product liability claim against the manufacturer, designer, or retailer.
Product liability claims don’t require proving negligence: only when the product was unreasonably dangerous when used as intended.
