High degree burn injuries are both painful and difficult to recover from, since they often cause permanent physical damage that may result in substantial financial and personal losses. There are also numerous roadblocks set up by Texas state law and court precedent that an unrepresented plaintiff may have significant trouble navigating around in their pursuit of financial compensation.
Thankfully, getting the money you need after being burned can be much easier with support from a seasoned Leander burn injury lawyer. Whether you want to pursue a private settlement or take your case all the way to a trial in front of a civil judge and jury, your dedicated catastrophic injury attorney can diligently protect your rights and work to get the best possible case result on your behalf.
The financial value of a burn injury case depends mainly on how severe the burn in question is and the extent to which that burn is expected to negatively impact the injured plaintiff’s life. Since first-degree burns only affect the outermost layer of skin and do not cause permanent harm, the value of a civil claim based around this kind of burn may be fairly small. In fact, since most first-degree burns do not require any professional medical care and will heal completely with just basic aid, it is rarely possible to file suit, even if the burn was caused by another person’s negligence.
Conversely, second-degree burns impact multiple skin layers, cause significant physical pain, and almost always require professional medical care to minimize the risk of permanent nerve damage and/or scarring. Third-degree burns penetrate multiple skin layers and cause damage to underlying muscles and tendons, meaning that they typically require intensive emergency treatment and surgical intervention in the form of skin grafts.
When a burn has lifelong, debilitating, or disfiguring consequences, the plaintiff can work with our legal team to file a lawsuit that demands compensation for various long-term forms of harm like lost working ability, future medical bills, physical pain, psychological distress, and reduced quality of life. A Leander burn accident attorney could offer further guidance about potentially compensable losses during a private consultation.
Even if a burn has life-changing repercussions for an injured plaintiff, they may be barred from recovering compensation for the full value of their ensuing losses if a court finds them partly to blame for causing their own injuries. To be more specific, Texas Civil Practice & Remedies Code §§33.001 through 33.017 grant courts the authority to reduce a plaintiff’s final damage award in proportion to whatever share of total fault they hold for their own damages and to bar recovery altogether for anyone found primarily at fault for their own damages.
Furthermore, Tex. Civ. Prac. & Rem. Code §16.003 sets a two-year deadline after an injury first occurs for the injured person to file suit against the person responsible for the accident. There are very few exceptions to this rule, so contacting a Leander attorney quickly after suffering a burn injury can be essential to avoiding allegations of comparative negligence.
No one deserves to suffer severe burn injuries because of another person’s negligence. Unfortunately, accidents involving burns happen regularly statewide, and collecting compensation for a burn can be a unique challenge.
If you need help understanding the law, collecting evidence, and filing a civil claim, call a Leander burn injury lawyer today. Our legal team is here to help you get back on your feet.