Why It’s Important to Work with a Burn Injury Lawyer
A burn injury, with its pain, suffering, and financial losses, can upend your life. Sometimes lengthy recuperation times force you to miss work, render you incapable of providing care for loved ones, and cause you to worry about paying the continually mounting medical bills. Those are reasons why it’s crucial for Texans to contact an Austin burn injury lawyer promptly after receiving medical care for a burn.
According to the National Fire Protection Association, nearly half a million people seek medical treatment for burn injuries every year. Of the more than 486,000 people treated at emergency treatment facilities and nearby hospitals, approximately 40,000 required extensive treatment and care in specialized “burn centers.” Sadly, burn injuries ranked as the fourth highest cause of unintentional injury death among children in Texas.
If you have suffered a burn injury due to someone else’s carelessness, it would be fundamentally unfair to fall behind on your mortgage or car payments or take on medical expenses while the negligent party manages to escape responsibility.
Evans & Herlihy — Why Choose Us?
Austin Burn Injury Lawyers Fight for Your Rights
We founded our Austin personal injury law firm upon the belief that every client must feel like and be a priority. We recognize and respect the trust you and your family put in us during your times of need, and to that end, we offer you personal attention and advice suited to your unique situation. You will be brought up to speed at each step of the process and presented with options and advice regarding each one.
We know that you have many options to choose from for a reliable Austin burn injury attorney, but we believe that when you choose our law firm, you will receive the highest quality representation and legal advice that will help you achieve the most favorable outcome for your case. Even still, we also work with other law firms as co-counsel or handle cases referred by our Austin peers.
Our firm has extensive resources to handle even the most complex cases. We’ll prepare your case with expert witnesses to build solid reasons for the other party’s culpability and then vigorously litigate your case in a court of law. Furthermore, our skilled negotiators will represent you in mediation and arbitration. From start to finish, we’ll provide transparent assessments of the strengths and weaknesses of your position and make our recommendations based on those and your own opinions.
Fire Isn’t the Only Cause of Burn Injury Our Lawyers Litigate on Your Behalf
Burns vary greatly in severity from minor injuries that heal in a few days to major injuries that cause other health problems and require long-term rehabilitation. While many burns are the result of accidents, those accidents are often the result of carelessness or negligence.
An experienced Austin burn injury attorney typically meets with victims and families who sustain injuries due to a wide range of root causes. Burn injuries commonly occur when everyday people come in contact with hot or corrosive material. House fires and extreme heat in the workplace routinely send people to the emergency room or hospital.
Faulty Electrical Wiring Can Lead to Household Fires That Cause Severe Burn Injuries
Household fires and those in apartment complexes may occur due to malfunctioning electrical systems within the building’s walls or its lighting equipment. The National Fire Protection Association reports that local fire departments respond to more than 1.3 million fires annually. House fires resulted in 73% of all civilian fire injuries. Electrical fires may be more likely in homes and multifamily complexes with old wiring and circuitry not designed to accommodate several electrical devices.
In January 2021, 29 people were displaced from a North Austin apartment complex when a fire ripped through the structure. Officials attributed the blaze to a malfunctioning water heater. In Bexar County, firefighters were forced to evacuate 50 residents from an apartment building during the February 2021 deep freeze that caused power outages and broken water lines. First responders didn’t have access to hydrant water because the system was frozen solid, putting emergency crew members and residents at heightened risk of injury.
Our Burn Injury Lawyers Help People Hurt by Chemical and Electrical Burns
Other incidents typically include skin contact with chemical agents, high voltage, and the presence of radiation that may damage skin cells. It’s also not uncommon for workers to inhale extreme heat and toxic chemicals when companies fail to provide personal protective equipment mandated by the Occupational Safety and Health Administration (OSHA). Burned lungs may call for extended hospitalization and extensive surgeries in work-related injuries. The Centers for Disease Control and Prevention (CDC) published a report highlighting the ongoing health and safety threats in the United States.
- An American dies from fire-related injuries every 120 minutes.
- A burn injury occurs nearly twice every hour.
- Upwards of 20,000 people sustain burn injuries that cover 25% of their body.
- Close to 4,500 people die from burn injuries and another 10,000 from related infections.
- In extreme cases, otherwise healthy people require limb amputations, suffer permanent disfigurement, and experience diminished quality of life.
In many instances, the physical injuries will heal over time. However, the emotional trauma may never go away. That’s why our burn injury lawyers work diligently to help injured community members secure compensation and hold irresponsible parties accountable.
Our Burn Injury Lawyers Represent People at Higher Risk
Children and elderly adults have a higher risk for burns than other populations, and they also are at increased risk of injuries caused by scalding hot water or liquids. In children, that risk is often associated with curiosity — they may reach for a pot on a stovetop or pull on a tablecloth, causing a hot substance to tip over onto them.
When children and older adults are dependent on others for their daily care, a negligent or inattentive caregiver is a severe threat to their safety. Several incidents in recent history highlight this danger.
Officials shut down a daycare in Colorado after a 14-month-old boy suffered severe burns while at the facility — a crockpot of scalding water had been left within reach, and he grabbed the electrical cord and pulled it over onto himself.
A worker at an assisted living facility in Pennsylvania faced homicide charges for spoon-feeding an elderly resident cereal so hot that it severely burned the inside of his mouth. After a three-day hospitalization, the resident stopped eating and subsequently died.
A babysitter in Massachusetts left two toddlers in a bathtub unattended, and they suffered severe burns when one of them turned on the hot water tap.
How Can an Austin Burn Injury Lawyer Secure you a Settlement?
Calculating, negotiating, and litigating burn injury settlements in Texas involves wide-reaching factors. The complicated process requires an experienced burn injury lawyer to make a persuasive case on your behalf based on hard numbers and an understanding of the qualitative impact on your life. Texas allows injured people to seek compensation based on three types of damages: economic, non-economic, and punitive.
Economic Losses: Under Texas law, burn victims can pursue complete compensation for medical bills, lost wages, and related expenses. As experienced burn injury lawyers, we urge you to get the treatment and care necessary to recover fully. Too often, people don’t get the medical care they need because they feel the pressure of medical costs. Your health and well-being are more valuable than money.
Non-Economic Losses: Burns sometimes come with excruciating pain and suffering, and you are entitled to monetary compensation for that harrowing experience. Skin grafts, scarring, emotional harm, and disfigurement cannot be undone in many cases, but a powerful legal claim can at least get you some closure in the form of financial compensation.
Punitive Damages: This type of compensation is not necessarily about vindication or retribution for your debilitating burn injury. Unless reckless parties are held fully accountable, they may do it again. Punitive damages go a long way toward preventing other innocent people from suffering the same fate.
Burn injury victims sometimes struggle through years of recovery, but it’s critical to contact a burn injury lawyer promptly after receiving medical treatment. In Texas, injured people have only two years to file a personal injury lawsuit.
What to Expect from the Burn Injury Lawsuit Process
Many of our clients are initially unsure of what to expect when they file a personal injury lawsuit, so you aren’t alone if you’re feeling unsure and worried. When you call our law firm, we start with a client intake process, asking for details about your injury and its cause. Then we schedule your free initial consultation with a skilled burn injury lawyer, and once you hire our firm, we get to work.
We have significant resources to litigate our case including access to expert witnesses and seasoned investigators who will do the following:
- Look into the cause of your accident to identify all parties likely to have shared responsibility for the accident.
- Audit safety records of the location where the accident occurred such as your workplace or the maintenance records of your apartment complex.
- Have you evaluated by a burns injury professional who can establish how the accident caused your injuries.
- Value your case accurately including the cost of future care for your pain and suffering
We may also construct a case for punitive damages, holding negligent or reckless entities accountable for their lack of concern for the safety of others.
FAQs about Burn Injury Settlements
An Austin Burn Injury Lawyer Answers Your Questions
We know that you have many questions about your injury, settlement, and the necessary legal process for getting you the compensation you deserve. Below are just a few of the most common questions our clients ask their Evans & Herlihy burn injury lawyer:
How Much Is My Burn Injury Settlement Worth?
Each case is different, but in general, cases in which someone is permanently disfigured or disabled are worth more than others. We will accurately value your case by considering your current medical care and anticipating your future medical needs so that all aspects of your treatment are covered.
I Think I May Have Been Partly Responsible for the Accident That Caused My Burns. Can I Still Get a Settlement?
In Texas, you can still file a lawsuit and collect damages if you contributed less than 50% of the responsibility for the accident. Under Texas’s proportionate responsibility statutes, plaintiffs may still collect damages so long as they were less than 50% responsible for the accident, but their award will be reduced by the amount of blame they admit to.
What Happens If the Defendant Cannot Pay for All My Damages?
In most burn injury cases, the defendant’s insurance company (company liability coverage, premises liability, homeowners’ insurer), not the defendant themselves, pays the damages in the case. Therefore, it’s important to have your burn injury attorney communicate with the other party’s insurance adjustor, as insurance companies are notorious for undervaluing or outright denying claims.
Will My Burn Injury Settlement Pay for Skin Grafts?
Your economic damages in a burn injury lawsuit are intended to pay for the medical care you received following the accident, along with your current treatment and your doctor’s estimation of your future needs including skin grafts. We may have you evaluated by a medical professional in this particular field to get a solid estimation of the cost of surgeries and care you will need in the future.
My Loved One Died from Their Burn Injuries. What Can I Do?
Tragically, many people do not survive serious burn injuries, but their family members may still seek justice against the party who caused their loved one’s deadly accident. An Austin burn injury attorney from Evans & Herlihy can file a wrongful death action against the party or parties that caused your loved one’s death.
We know that you have many more questions about the specific details of your case. When you have your initial consultation with a burn injury lawyer at our law firm, we can address your concerns individually.
”The Evans Law Firm did a fantastic job for me. I was having a very difficult time dealing with insurance companies and medical professionals. The Evans Law firm took over and represented me very well and made things very easy for me. I feel like they are very honest, fair, and represented my best interest.” – Bryan Troutman (Google Review)
Contact Our Trusted Austin Burn Injury Lawyer for Help
Securing full, fair compensation for burn victims requires a complex understanding of Texas personal injury law and the devastating impact such tragedies have on families. The cost of long-term care and rehabilitation must be factored into a claim that also accounts for diminished quality of life and issues unique to your circumstances. Our burn injury lawyers can do just that for you. It would be fundamentally unfair for you to suffer significant losses and shoulder the financial burdens caused by someone else’s negligence.