TEXAS BURN INJURY LAWYER
Texas burn injury attorneys help burn victims fight for money they are entitled to after an injury. This can include reimbursement for medical expenses, property damage and pain and suffering. Due to the devastating nature of some burn injuries, some may need lifetime care. Often, insurance companies will fight not to pay for this care.
A Texas burn injury attorney fights back to get victims the money they need to sustain their life. Often these cases are settled out of court but in some instances, civil trials are held to determine if a victim is entitled to compensation for his or her burn injury.
HOW DOES A BURN INJURY CLAIM WORK?
A Texas burn injury attorney will guide you through the process of filing a burn injury claim. Burn injuries can happen for many reasons.
Structure fires. These can be due to arson, electrical wiring and often the cause is not found.
Explosions. Texas is an oil industry hub and while explosions are not common, the effects can be devastating. In 2005, the BP Texas City Refinery exploded, causing 18 deaths. Another 180 workers were injured, some severely. Recently, refinery fires were reported in Houston due to Hurricane Harvey. No serious injuries were reported in those fires.
Vehicle/motorized equipment crashes and fires. These accidents not only include burning cars but other vehicles such as ATVs, tractors, motor homes, and tractor-trailers. The driver of a tractor-trailer in Florida received burns over 40 percent of his body. No other vehicles were involved in the wreck. A father and son were burned in an ATV wreck in Nebraska. These are just examples of how quickly vehicle fires happen and lead to serious injuries. A Texas burn injury attorney will help you recover damages if you are in a vehicle fire that is someone else’s fault.
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Electrical burns. Only a quarter of deaths from electrical burns are caused by lightning, according to emedicine.com. Others are due to encounters with electricity. About 1,000 deaths from electrical burns happen each year.
Defective products. These include appliances such as toasters, refrigerators and dryers as well as space heaters.
Fireworks. According to the U.S. Consumer Product Safety Commission, about 11,900 people were injured by fireworks in 2015.
Chemical burns. These burns are due to exposure to chemicals such as drain cleaners or other acidic products. According to the American Burn Association, these burns account for 7% of all burn injuries.
No matter the reason, if you feel as if you are not to blame for the fire, you need a Texas Burn Injury Lawyer. But some of the responsibility will fall on you. Some of the steps you need to take before filing a claim include:
Document everything. If you or someone is hurt, your priority is to make sure everyone is okay. But as soon as possible, make notes and take pictures of what you feel may have contributed to the incident. Summarize any conversations you had with fire or law enforcement officials. You can visit the site of the fire or take pictures of a burned vehicle later if needed. Make sure the evidence is not destroyed or altered. Ask a Texas burn injury attorney about obtaining a court order to keep anyone from destroying evidence.
Take photos of the injuries. Pictures are important in telling a burn injury story. Take pictures as soon as possible, before the injuries are healed.
Get copies of fire and police reports. Fire departments write reports of their calls, even in the case of minor fires. If law enforcement is involved get a copy of their report.
Document all medical treatments. Severe burn victims are often at a trauma center first before they are transferred to a burn center. Burns often require after-care such as skin grafts, therapy and in some cases, counseling to help cope. Make sure you have records of all the treatments and the expenses related to them.
Other expenses. If you are not the one suffering a burn injury, you may be their caregiver. This results in lost wages due to time spent away from work. You or your loved one may be at a burn center that is miles from your residence and you incur hotel, meals and lodging expenses. Record all the expenses.
Guard your conversations. Insurance agents will have a team of attorneys working for them after an incident causing a severe burn injury. You are not required to talk to them. Do not talk with them or take any settlement without talking to a Texas burn injury attorney first.
DO I NEED A TEXAS BURN INJURY ATTORNEY?
Never try to negotiate with an attorney on your own (unless you are a personal injury attorney). Think of it this way. Would you try to fill your own cavity? No, you go to a dentist who has the expertise to handle your damaged tooth. The other side may have a team of attorneys ready to settle or try to have the claim dismissed. One slip up and they will try to have your claim dismissed or greatly reduced, which can affect your financial future. You need a legal advocate at your side so you will be compensated for your injuries.
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TYPES OF BURN INJURIES THAT OCCUR IN TEXAS
Burns injuries range from serious to severe. The burns are classified by degrees.
First-degree burns. Have you ever touched a hot pan on the stove? That pain and redness is a first-degree burn. Sunburns can also be classified as first-degree burns. These burns only affect the outer layer of the skin and rarely serious.
Second-degree burns. Think about that hot pan on the stove again. Was it filled with boiling water? If you dump that water on you, you will likely have a second-degree burn. The hot water may cause some of the skin to burn away. You can experience these types of burns in any type of fire. These burns may take weeks to heal.
Third-degree burns. This type of burn pierces the skin. You may have no pain because the burn has destroyed the nerves. You may notice your skin is leathery or even white due to the burn. New skin does not grow on third-degree burn sites. These types of burns have a poor prognosis. Treatment may include skin grafts to replace charred skin. This requires removing healthy skin from another part of the body and placing it on the burn site.
Fourth-degree burns. This burn has not only pierced through the skin, but it has also reached organs. Prognosis is poor for people with four-degree burns and in most cases, these injuries are fatal.
HOW WILL A TEXAS BURN INJURY LAWYER HELP ME?
The most important task for your attorney is being your advocate against the insurance companies and others who want to deny or settle your claim for less money than you need. Insurance companies are for-profit businesses and they hire attorneys to help them settle claims for as little money as possible.
You need a T who will look closely at the claim to determine the damages you are entitled to which include:
Medical expenses. Burns can require expensive treatments such as skin grafts, amputations, and wound care. If the cause of the burn was not your fault, you or your insurance company should not have to pay for these expenses. Some companies will try to pay less by citing a preexisting condition such as diabetes or heart disease, saying it is impeding the healing process. They will agree to only so many weeks of treatment. A Texas burn injury lawyer will fight to get your medical expenses 100% covered.
Lost wages. Unless you are wealthy, lost work time hurts your pocketbook and hampers your ability to pay your bills. If it wasn’t for your burn injury, you would be at work. A Texas burn injury attorney will help you recover not just lost wages but future wages you may lose because you can no longer work.
Pain and suffering. As mentioned earlier, Texas law does not cap personal injury claims. You are entitled to pain and suffering due to your burn injury for several reasons. · The injury resulted in a major change in your lifestyle. You may have to quit your job or an enjoyable hobby. You may not be able to do the same activities you once did with your children.
HOW DOES A BURN INJURY CLAIM WORK?
Your claim will begin with a meeting with a Texas burn injury attorney. He or she will assess your injuries, financial needs, and pain and suffering. Your attorney will read reports of the fire, including the cause. Once your attorney is armed with this information, he or she will reach out to those responsible for paying a claim. In some cases, a settlement is reached. But other times, a civil action is filed and the case is heard before a jury or a judge in a bench trial.
BURN INJURY STATISTICS
According to the National Fire Protection Association (NFPA), 3,390 fire deaths with 3,800 people dying in structure fires in 2021. Another 14,700 were injured.
- A structure fire occurs every 90 seconds and a burn injury occurs every 34 minutes.
- A civilian fire death occurs every two hours and 34 seconds, according to the American Burn Association.
- The leading cause of burn injuries is structure fires, which accounted for 84% of all fires in 2021, according to NFPA. The other fires occurred outside (17%) or were vehicle fires (9%). Eighty-one percent of fire deaths occurred in residential fires.
- Home fire deaths have declined 54.3% since 1977.
- Three-hundred and ten people died in fires that were set intentionally.
TEXAS LAWS REGARDING BURN INJURY CLAIMS
In Texas, you have two years from the time of the injury to file a claim. The state does not cap the amount you can be awarded in damages if the case goes to trial.
WHY CHOOSE OUR FIRM?
Passion drives us! We want every client to be compensated for their injuries and to be able to enjoy life. When you contact Reyna Law Firm, you will be treated like family.
FREQUENTLY ASKED QUESTIONS ABOUT BURN INJURIES IN TEXAS:
If you share some of the fault in your injury, this is not the end of your case. However, you need to identify the percentage of responsibility you have in your case. If you were more than 50% responsible for the accident that led to your critical burn injuries, you may be unable to pursue compensation.
If a defective product caused your critical burn injuries and significant medical bills, the manufacturer of that defective product can be held responsible for your injuries. Defendants who also sold the defective product may be named in your lawsuit. This is why it is so important to hire an experienced Texas burn injury lawyer as soon as possible to empower you with the right information.
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