It takes experience to provide effective legal representation to those who have suffered catastrophic injuries such as severe burns. These are not ordinary injury cases due to the severity and long-lasting effects of the harm sustained. San Antonio burn injury lawyers can handle your case with compassion while vigorously pursuing the best possible settlement or judgment to address your unique circumstances. Speak to a seasoned catastrophic injury attorney to discuss your rights and legal options for recovering compensation.
Most people survive being burned, but the severity of the damage can vary, and greatly impact a person’s life moving forward. Medical professionals categorize burns into four categories: first, second, third, and fourth-degree burns.
First and second-degree burns are the ones most people encounter, such as sunburns and burns while cooking. Typically, these burns do not need extensive medical attention. Third and fourth-degree burns inflict much more serious damage to the body.
Those who have suffered third or fourth-degree burns may face life-long pain and permanent complications, including:
Mental trauma such as post-traumatic stress disorder, depression, and anxiety may also result from catastrophic burn injury cases. Treatment for these physical and emotional consequences are likely to be on-going and costly. Those suffering acute burn injuries require specialized care, often in a dedicated burn care facility.
If such services are not close to home, family travel and lodging expenses can add up quickly. Additionally, to heal, burn injury patients may endure extremely painful medical procedures and treatments. A skilled burn injury lawyer in San Antonio can help a family fight for financial compensation to cover their related expenses.
Burn injuries can happen anywhere such as at home, work, and sporting or entertainment venues. If someone else’s negligence caused these injuries, compensation might be appropriate. To recover compensation for damages, the injured party and their San Antonio burn injury attorney must show:
Any company in the supply chain, not only the manufacturer, could potentially be liable if a defective product caused the burn injury. Texas recognizes claims based on design defects, manufacturing defects, and marketing defects.
Those who have been severely burned in an accident may be entitled to unlimited damages for past and future medical bills, wage loss and earning potential, other expenditures related to the injury, pain and suffering, emotional distress, change in quality of life, and loss of companionship and consortium. Courts may also award damages to punish malicious or reckless behavior, but Texas law limits the recovery of these punitive or exemplary damages.
The state also limits the injured party’s recovery based on their level of responsibility for the incident. Under the law of proportionate responsibility, the injured claimant may only recover compensation for the defendant’s actions. Financial recovery will be reduced proportionate to the plaintiff’s degree of fault. If the injured claimant’s share of liability exceeds 50 percent, they may be ineligible for compensation from the defendant.
A burn victim in San Antonio can expect to receive compensation for their injuries ranging from $10,000 up to several million dollars, depending on their circumstances. The settlement they receive largely depends on several factors, including:
For those who have suffered burn injuries and want to see how much they can get as compensation, a San Antonio lawyer from Felix Gonzalez Law can help review their case and determine potential settlements.
For general damages, such as medical expenses, lost income, and other losses that can be easily assigned a monetary value, there is no limit on the amount of compensation available to injured victims.
However, if somehow a medical treatment protocol or practitioner caused the victim’s injuries, damages covering pain and suffering are capped at roughly $2 million in Texas. The same applies to a liable party that is a government entity or employee.
Available compensation from these parties is limited to $250,000 per victim and $500,000 per incident. This means that if more than two people suffer burn injuries due to the government worker’s or entity’s mistakes, they can only share a maximum of $500,000 settlement.
Mounting hospital bills and a lack of income can put an injured burn victim under immense pressure. This is why most would like to know how long it takes for a claim to go through and when they would be able to receive their compensation. The average San Antonio burn injury claim can take anywhere from three months to over 18 months.
Although insurers are required to acknowledge and reach a decision on a burn injury claim within 15 days, an injury claim’s duration depends on the circumstances surrounding the injured victim’s case.
For the most part, delays are caused by:
Also, it is important to file the claim within the state-mandated two-year deadline, so as not to miss the compensation window. Once that window is closed, claimants are likely to have their claim denied.
If a San Antonio burn injury lawyer is handling the case, the attorney can provide a more realistic timeline within which a burn victim will receive the settlement they need to cover their losses, as well as how quickly the claim needs to be filed.
When dealing with a burn injury, you should have one focus – getting better. You and your family may not also have the stamina or resources to fight for your financial security as well. Finding the right San Antonio burn injury lawyer can help address your long-term financial situation. With our experience and dedication to each client, we may be the right fit for you. Let us start the conversation today by calling our offices and scheduling an initial consultation.
