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Date Modified: November 14, 2023
This is the ultimate guide to getting compensation for a serious burn injury in Texas.
Burned Due to Negligence?
Receive a Free Consultation Today! According to the American Burn Association 2002 report, there are, on average, 1.1 million burn injury cases in the United States, with Tufts University School of Medicine estimating 2 million people suffering from burn injuries.
The Centers for Disease Control and Prevention report about 10,000 fatalities annually from severe burns.
Burn injuries can be devastating and, in extreme cases, life-threatening, leading to severe physical and mental health issues. With constant visits to the hospital and rehabilitation, treatment can get costly. However, with an experienced Texas burn injury attorney by your side, you can seek compensation for your injuries.
Common Causes of Burn Injuries
The following are the different types of accidents that can lead to burn-related injuries.
Motor Vehicle Accidents
Motor vehicle accidents include car, motorcycle, truck, and pedestrian accidents. When a vehicle catches fire from an accident, it can burn the driver, the occupants, and others around it.
However, hot debris from the accident, scalding oil or liquid from the damaged vehicle, and leaking chemicals can also cause burn injuries.
Occupational Safety and Health Administration estimates about 5,000 work-related burn injuries annually in the United States. It is not uncommon to suffer burn injuries at the workplace, especially if you’re working in a factory.
Negligence or lack of protective gear when handling chemicals or equipment is an accident waiting to happen. Radiation, thermal, chemical, and electrical burns are all possibilities following an accident at the workplace.
Defective Product Accidents
At times, a person may suffer from burn injuries from defective products. For example, in a 2016 study, “Battery-related burns presenting to US emergency departments,” an estimated 1007 people suffered went to the Emergency Room for e-cigarette burn injuries in the nation due to inadequate battery regulations.
Faulty wiring in a product can lead to fires, or defective coffee machines can cause hot water spillages resulting in scalding injuries. Another instance could be a failure of fire safety products resulting in burn injuries from an apartment fire.
Many types of accidents can lead to burn-related injuries, so you must speak to our experienced Texas burn injury attorneys about your case, as you may qualify for compensation.
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We take on fewer cases, meaning you get top-priority results.
We have the financial resources to stave off any insurance company’s procedural parlor tricks or legal loopholes.
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Stanford Medicine defines a burn injury as a transfer of energy to the body. Here are the four different types of burns that a victim may experience.
These types of burns raise the temperature of the skin and tissues from an external heat source, such as hot metals, scalding liquids, steam, and flames. It can cause tissue death and charring.
Prolonged exposure to UV rays from the sun, X-rays, or radiation therapy can cause radiation burns. These types of burns can range from a slight sunburn to severe radiation burns such as radiation dermatitis caused by ionizing radiation.
Factory workers are the most vulnerable to chemical burns, as these can occur when handling strong acids, alkalies, gasoline, detergents, or solvents.
Typically, you’ll be aware of such a burn; however, mild chemicals can slowly degrade the skin tissue without the person realizing it.
These burns occur when electricity moves into the body after a person comes into contact with a loose electrical source. What’s different between electrical burns and all other burns is that electricity can travel through the body, causing internal organ damage.
Types of Burn Injuries
Four classifications determine the burn injury’s depth, and they are as follows.
First-degree burns affect the top layer of the skin, delivering a nasty pain that can last a few days. The injury will heal itself as the burned skin peels away.
These types of burns extend to the middle layer of skin, involving the epidermis and the dermis. The injury may appear wet, and the burn can turn pink, red, or even white. Second-degree burns take much longer to heal, from a couple of weeks to a few months, with some victims requiring skin grafting.
Third-degree burns cross the epidermis and the dermis and reach the fat layer, destroying the hair follicles and nerve endings. The affected area may have black and white patches and is usually dry.
Victims may lose sensation and not feel pain upon contact.
These are often life-threatening as the burn extends to the bones and muscles after destroying all layers of skin.
Whether a first-degree burn or a fourth-degree burn, all types of burns increase the risk of nerve damage, shock, blisters, and infections, so it is essential to seek medical treatment immediately. Following a burn injury, especially to muscle, you must prevent further complications by treating with experienced doctors as soon as possible. In most cases, the wounds will start to heal. But the recovery process can be painful with severe burns, requiring time at a burn unit, sometimes for decades or even for life.
Fortunately, injured victims may be able to recover compensation if their burn injuries were due to another’s negligence. Contact our Texas burn injury lawyers to discuss your case and legal options if you or your loved one suffered burn injuries.
Although money may not bring back your previous life, it can help you pay medical expenses and treatments to improve your quality of life and help you move on. Our legal advice can help you make an informed decision if you are hurt and confused at this time of great difficulty. We can bring clarity as you suffer the pain and torment of your physical harm and hospitalization.
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Burn Injury Treatments
When suffering from a burn injury, the victim must immediately cool down the affected area by running it under tap water. Victims should know that running their wounds under cold water or placing ice packs on the injury can result in hypothermia.
For minor burns, over-the-counter pain relief medications and regular bandage changes can help protect the wound from developing an infection and start the healing process. But if the victim suffers from severe burns, they must immediately head to a hospital for medical evaluation and treatment.
In cases where the victim is severely burned, removing all clothes is the best way to prevent further burns, as clothing can retain heat and increase the severity of the injury.
Severe burn victims may require extensive treatment, including skin grafting surgery. In worst cases, the victim may suffer from permanent injuries or amputations requiring lifelong care at a nursing home.
Depending on the severity of the burn and scarring, the victim may lose confidence in their appearance and develop mental problems such as depression. Burn scars often lead to disfigurement that can affect an individual’s social life and relationships, causing a reduced quality of life. They may require counseling and rehabilitation to help them overcome the physical and mental challenges of their burn injuries.
Can You Sue for Burn-related Injuries in Texas?
Under certain circumstances, burn victims can sue for their injuries and obtain compensation. Let’s look at the different options a burn injury victim has.
Victims who suffer from burn-related injuries due to another’s negligence or arson can hold the responsible party accountable for damages by filing a Texas burn injury lawsuit against the negligent party insurer.
To have a valid burn injury lawsuit, the victim must prove the following elements of negligence:
The defendant had a duty of care.
They breached that duty.
The breach resulted in the plaintiff’s injuries.
The injuries resulted from the defendant’s negligence.
When an employee suffers from a burn injury, they may be able to file a workers’ compensation claim to obtain some benefits, including lost wages and medical bills. However, in doing so, the employee forfeits their right to sue the employer. Since the insurance will try dirty tactics to minimize payout, the employee should speak to a Texas burn injury lawyer about their legal rights.
It may be easier to recover benefits under workers’ compensation than a lawsuit, as you would need to prove your injuries resulted from someone’s negligence.
Workers’ compensation does not offer burn injury victims payment for non-economic damages, such as pain and suffering, loss of quality of life, and disfigurement.
Whether you suffered burn-related injuries at work or elsewhere because of another’s negligence, you must speak to our Texas burn injury lawyer about your burn injury case.
Damages You Can Recover in Texas
Burn injury cases vary in nature, and depending on your burns’ severity, you may recover the following economic and non-economic damages.
Economic damages: Medical expenses, lost wages, future earning potential, property damages, and other monetary losses.
Non-economic damages: Pain and suffering, emotional distress, loss of quality of life, disfigurement, and loss of consortium, among others.
Since each case is unique, it is best to speak to a burn injury attorney to help calculate the value of your burn injury claim.
Do You Need a Texas or a Houston Burn Injury Lawyer?
Depending on where the accident happened, you need an attorney practicing in that city to be able to provide you with the best possible legal representation.
In Texas, the statute of limitations varies for different cases. For personal injury claims, victims have two years following their injuries to pursue legal action against the negligent party. However, suppose the negligent party was a government agency. In that case, you only have six months to submit a notice of claim, and depending on your city, you may even have a shorter period.
For example, in Houston, burned victims only have 90 days to submit a notice of claim to the City of Houston if they were responsible for their injuries. You should contact our Houston burn injury attorneys if you suffered injuries in Houston.
Our Houston burn injury attorney can assess your case and guide you on your legal options.
Schedule a Free Consultation at a Reputable Law Firm
Are you suffering numbness or pain in your nerves and stress after suffering a disfiguring burn caused by negligence? When pursuing a claim or a lawsuit, especially a complex one, burned victims may have better chances of recovery by having a reputable law firm fighting for their rights. Our law firm focuses on maintaining a strong attorney-client relationship where our burn injury lawyer will conduct an investigation into your case, determine the liable parties, and hold them accountable for your loss. We won’t hesitate to file lawsuits if we can’t resolve them swiftly.
If you suffered a severe burn injury due to another’s negligence, contact us for a free consultation on your case. We have helped thousands of people harmed by negligence obtain full and fair compensation for personal injuries. We want to help you too! Our superior and substantial burn injury attorneys can be reached at (833) LETS-SUE. For those unable to dial out now, you can use our convenient Contact Us form in the sidebar and the top.
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients.
We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.