Several injuries cause severe intense pain to a person. A burn injury is one such wound. A 2021 publication listed third-degree burns as the third most painful injury a person can experience. The first two are a broken femur and shingles.
There are different types and degrees of burn injuries and several causes too. If you suffer severe burns due to another person's negligence, you're entitled to monetary compensation. But pursuing a personal injury claim while recovering can be difficult. This is why you should work with a personal injury law firm like Glenn Law Firm. Our Grapevine, Texas burn injury lawyers offer excellent legal advice and representation.
According to the Mayo Clinic, a burn is tissue damage resulting from heat, overexposure to the sun or other radiation, chemical or electrical contact. Thermal (heat) burns happen when some or all the cells in the skin or tissues get damaged by hot liquids (scalds), hot solids (contact burns), or flames (flame burns). According to the World Health Organization, an estimated 180 000 deaths occur globally every year from burns.
In the United States, 1.1 million burn injuries require medical attention. The treatment of burns depends on the location and severity of the burn. Minor burns and small scalds are treatable at home, while deep or widespread burns need immediate medical attention. In the latter case, it is better to get medical care as soon as you can.
The different degrees of burn injuries include:
A burn injury victim should get medical treatment immediately after a burn accident. Getting treatment would help mitigate the damages from the injury. Thus, seek medical assistance if:
You can suffer a minor burn or severe one from different types of accidents. Some of them include the following:
Auto accidents could be motor vehicle accidents, truck accidents, motorcycle accidents, or auto-pedestrian accidents.. But injuries in automobile accidents go beyond the car catching fire. Instead, this injury typically occurs due to exposure to external heat sources like hot metals, scalding oil or other liquids, or steam.
For example, burns can happen in a motor vehicle accident due to:
Burns in the workplace are not uncommon, and they happen for different reasons. Some common workplace burns include:
You can suffer burn injuries from defective products. An example is an electrical fire from a faulty electrical gadget or faulty wiring that creates a spark that causes a fire. Similarly, you can suffer scalding injuries from a defective water heater or coffee maker. In addition, improperly labeled household cleaners can cause a chemical burn.
Other accidents where you can suffer a burn injury include industrial accidents (industrial fires), apartment fires, maritime accidents, etc. In any of the mentioned instances, the burn victim can file a compensation claim against the fault party. A successful claim means financial compensation.
Generally, under the tort doctrine of negligence, a person or entity who breaches a duty of care and causes harm is liable to pay damages if such breach resulted in injuries, wrongful death, or loss of personal property. In a burn injury case, you can bring a claim or file a burn injury lawsuit against the at-fault party as long as you did not cause the accident that led to the burn. The preceding action is a personal injury claim or lawsuit.
In a nutshell, an injured person can demand the maximum compensation from:
In a car accident case, burn accident victims would first file a claim against the responsible party (driver) and their insurance company. If they fail to get fair compensation from the insurer, the next action is a personal injury lawsuit. In either case, it is always the best option to work with Texas personal injury attorneys.
For a workplace burn injury, the first option is workers' compensation. However, if your employer does not have a work comp insurance policy or denies your claim, you can take legal action by filing a lawsuit. But first, discuss with your attorney.
A burn injury is famous for excruciating pain, both physically and mentally. In addition to the physical pain and suffering the burn victim endures, there is financial loss and property damage. All these are reasons victims ask for compensation from the negligent party.
Generally, you are entitled to the same damages as in every other personal injury case. These damages are compensatory damages and punitive damages.
These include economic and non-economic damages. The former compensates you for monetary losses, while the latter is for non-monetary losses like mental anguish. Below are what you'll get compensation for under the two compensatory damages:
If the burn injury leads to the victim’s death, the case becomes a wrongful death claim.. The decedent's legal beneficiaries would file the action and get compensation. One of such compensations aside from the first three mentioned above is loss of consortium. Another is funeral and burial expenses and loss of companionship.
Punitive damages are what the court awards against liable parties who intentionally harm another person. Courts also award it when there's evidence of gross negligence. This compensation is more of a punishment to prevent similar acts in the future. The amount of punitive damages in Texas runs into hundreds of thousands of dollars.
A good settlement offer is a compensation that gives you enough to settle your medical bills, recover lost wages, and lead a semblance of a normal life if you can't return to work. The severity of burn injuries, injury treatments like surgery or physical therapy determine your offer.
Whether or not you'll need future treatments will also factor. So, before accepting a settlement offer, ensure you have attained maximum medical improvement. Also, consult with a Texas burn injury lawyer before accepting a settlement.
The emotional pain and physical pain an injured party feels are so much that they cannot handle their claim alone. This is why we advise burn victims to get a burn injury lawyer. Attorneys have the legal experience to handle negotiations and file a lawsuit if needed.
They will deal with the insurance bullies and get you the best compensation. In addition, lawyers are objective, can get you expert witnesses, help you make better decisions, and quicken the claim process. Lastly, you get peace of mind when you have an attorney because they will work while you focus on recovering.
Whether you suffered from a minor or severe burn injury, you should consult with a lawyer. At Glenn Law Firm, we offer a no-fee initial consultation and bring our decades of experience to bear on your case. Our Texas burn injury attorneys work on a contingency fee basis, meaning you don't pay us until we win. So, contact us today to speak with one of our attorneys.