- July 28
- Evans & Herlihy
- Personal Injury
Burn injuries can be incredibly severe and are immensely painful, and the costs associated with them may be considerable.
Contact a Texas burn injury attorney today to learn more about your options as well as what type of award you can expect to receive.
The Road to Compensation
Filing a Burn Injury Lawsuit
Unfortunately, burn injuries are common around the world, in the United States, and in Texas. Every year, fire, chemicals, electricity, and catastrophic events cause hundreds of thousands of individuals to suffer burn injuries.
Burns can be caused by certain products, workplace incidents, and automobile accidents, among other things. If the negligence of another person was the cause of your burn, you can file a personal injury lawsuit to obtain compensation for your expenses.
Types of Burns
Without a doubt, all burns are painful. However, some are more severe than others. The CDC shares information on the three classifications of burns:
- First-Degree Burns: These burns affect only the top layer of skin. They tend to be painful to the touch and red in color and may swell. An example of a first-degree burn is sunburn.
- Second-Degree Burns: More serious than first-degree burns, these involve the first two layers of skin. They are painful, and the skin may turn a deep red and appear glossy. They may also blister. Burns of this type require medical attention.
- Third-Degree Burns: The most severe type, these burns penetrate the thickness of the skin and cause permanent damage. Burned skin may appear dry and leathery or charred, or have patches that are white, brown, or black in color. This type of burn requires immediate professional medical attention.
As you can see, the number the burn is assigned designates its severity. Under Texas law, if you get serious burns due to the negligence of another person or organization, you may be entitled to compensation.
An experienced burn injury lawyer can provide you with advice and counsel about moving forward with a lawsuit.
Your Options for Compensation
Depending upon the circumstances surrounding your injury, you have options in terms of pursuing compensation. You can file a personal injury case or a workers’ compensation claim.
Personal injury cases are based on negligence. You must be able to prove that the defendant (the person or organization whom you hold responsible for your injury) owed you a duty of care, breached this duty and the breach was the cause of your burn. Examples of burns caused by negligence include, but are not limited to, vehicle accidents and faulty products. In Texas, the statute of limitations for personal injury cases is two years from the date of the injury.
If you were injured while at work, you can also consider filing for workers’ compensation. If your company carries this coverage (which most organizations in Texas do, but are not required to), you would be entitled to compensation through it. It is important to note that in the case of workplace accidents and compensation through worker’s compensation insurance, negligence is not a factor. However, because of the manner in which workers’ compensation is structured, you may be limited as to what you can recover, and you may be required to use predetermined physicians for your care.
A qualified personal injury attorney can review your case and help you determine how to proceed. Keep in mind that in Texas the time frames for filing workers’ compensation claims are short and strict. It is in your best interest to contact an attorney immediately.
What Affects Your Compensation
If it is determined that another’s negligence played a role in causing your burn, the amount of potential compensation is dependent upon several factors. If you file a personal injury lawsuit in civil court, considerations may include:
- The severity of your burn
- Your current medical expenses, as well as any expenses you expect to incur going forward
- Your lost wages (for the time you were unable to work)
- Future lost wages (if you will not be able to return to work for a specific amount of time, if ever)
- Permanent physical injuries like disfigurement and scars
- Pain and suffering.
Clearly, a great deal goes into calculating compensation. Burn lawsuit cases can be extremely complex.
How Do You Calculate Burn Injury Settlements?
The costs of a burn injury can be considerable. The state of Texas realizes this; thus you may be entitled to economic, non-economic and punitive damages.
Take the time to comprise a complete list that accurately represents your damages. This process can be arduous and requires taking the time to look to the future as well as document the past. A burn injury lawyer can help you compile this list and ensure that you have represented your costs both appropriately and completely.
Do not forget to include:
- Medical Bills: including emergency room trips (if necessary), follow-up doctor’s visits, medication, and any rehabilitation or therapy.
- Lost Wages: This should include monies lost because you were unable to work, as well as any lost income predicted for the future dependent upon your prognosis.
- Property Damage: If the burns occurred because of an automobile accident, your vehicle is likely damaged. Or, if you were burned at home, property in your home may have been ruined. You can include these costs in your list.
- Diminished Quality of Life: If your burns were severe and will have a lasting impact on your life, you may be eligible for compensation.
- Pain and Suffering: Burns are terribly painful for significant periods of time. The physical and emotional pain you have faced can be taken into account.
- Punitive Damages: In some cases, the individual or organization responsible for burn injuries may be found guilty of gross negligence or malice. If this is the case, the court can order them to pay punitive damages, which basically punishes them for their actions.
You want to ensure that your claim is complete and accurately represents your losses. Burn injury compensation amounts are based on the information you provide.
The Value of Working with an Experienced Burn Injury Lawyer
Maximizing Your Compensation
If you are suffering from burns, you have a lot to manage. Your excruciating pain and your recovery may require all your attention and efforts. Burns can be costly in terms of medical treatment, lost wages, and pain and suffering. Receiving compensation for your injuries may be necessary for your future financial well-being.
The burn injury attorneys at Evans & Herlihy understand the physical and emotional stress of your situation. They are experienced in managing cases like this. They know the ins and outs of Texas law and have a proven history of leveraging their expertise on behalf of their clients. They get the burn injury compensation payouts their clients need and deserve.
These professionals will work on your behalf and will handle all of the details so you can focus on your recovery. Contact them today at (512) 732-2727 to learn how they can help you.