Texas Burn Injury Lawyers: Secure Your Compensation
Burn injuries often require extensive medical care and can cause long-term physical and emotional effects. This guide explains how Texas law treats burn injury claims, what compensation may be available, key legal concepts that can affect your case, and steps to protect your rights.
Why Burn Injury Cases Require Specialized Advocacy
Burn injuries can involve acute trauma, infection risk, surgeries and grafts, nerve damage, psychological distress, and lasting scarring or disability. Proving the full impact typically requires thorough evidence collection, expert analysis, and familiarity with Texas personal injury law and insurance practices.
Common Causes of Burn Injuries in Texas
Serious burns may result from house or apartment fires, workplace incidents (including refinery and oilfield accidents), electrical faults, defective products and batteries, vehicle and 18-wheeler crashes, scalding on unsafe premises, and exposure to hazardous chemicals. Identifying all potentially responsible parties—such as property owners, contractors, product manufacturers, and, in appropriate contexts, employers or third parties—can be critical to recovery.
What Compensation May Be Recoverable
Depending on the facts and governing law, Texas personal injury damages may include medical expenses (past and future), lost wages and diminished earning capacity, rehabilitation and home modifications, pain and suffering, mental anguish, disfigurement, and physical impairment. Texas courts recognize disfigurement and physical impairment as recoverable elements of damage in appropriate cases (see, e.g., Golden Eagle Archery, Inc. v. Jackson; see also the definition of noneconomic damages in CPRC ch. 74 for medical liability cases). In cases involving fraud, malice, or gross negligence proven by clear and convincing evidence, punitive (exemplary) damages may be available under CPRC § 41.003. If a defective product contributed to the injury, Texas products liability law recognizes design, manufacturing, and marketing (failure-to-warn) defect theories; see CPRC § 82.005 (design defects), and cases such as Ford Motor Co. v. Ledesma, Caterpillar, Inc. v. Shears, and American Tobacco Co. v. Grinnell.
Key Texas Law Concepts That Can Affect Your Claim
- Comparative responsibility: Texas follows a modified comparative fault system. A claimant’s recovery is reduced in proportion to their percentage of responsibility (CPRC § 33.012) and is barred if the claimant is more than 50% responsible (CPRC § 33.001).
- Vicarious and third-party liability: Depending on the facts and contracts, employers, contractors, property owners, and product manufacturers may bear liability. Workplace incidents may also be affected by workers’ compensation or nonsubscriber rules.
- Damages proof: Texas law recognizes damages for categories such as disfigurement and physical impairment in appropriate cases; careful documentation and expert testimony often support these claims (see Golden Eagle Archery).
Evidence That Strengthens Burn Injury Claims
Early evidence preservation is critical. Helpful items include: fire and incident reports; OSHA or other regulatory findings (where applicable); photographs and video of the scene and injuries; product exemplars and preservation letters; eyewitness statements; maintenance and training records; employment and wage documentation; and comprehensive medical records, including operative notes, grafting procedures, infection logs, and scar progression. Your attorney can send preservation notices and coordinate inspections to prevent spoliation.
Practical Tips
- Do not repair or discard potentially defective products until your lawyer advises.
- Keep a pain and recovery journal to document daily limitations and emotional impact.
- Attend all follow-up appointments; gaps in care can undermine claims.
- Refer insurers to your attorney to avoid recorded statements.
Medical Care and Life Care Planning
Severe burns often require multi-disciplinary care: emergency treatment, debridement, grafting, infection control, pain management, physical and occupational therapy, scar revision, psychological counseling, and vocational rehabilitation. A life care plan can project future medical and support needs to substantiate future damages.
Dealing With Insurers and Defendants
Insurers sometimes seek early, low-value settlements before the full scope of injuries is known. Consider avoiding recorded statements or releases until you obtain counsel. An attorney can quantify damages, consult experts, manage communications, and negotiate from a position of strength. When necessary, filing suit preserves rights and enables discovery to obtain documents and testimony.
Time Limits and Notice Requirements
Texas generally requires filing personal injury claims within two years of the injury (CPRC § 16.003), though exceptions and tolling rules may apply. Claims against governmental entities often have shorter notice deadlines—typically within six months, and sometimes earlier if a city charter sets a shorter time (CPRC § 101.101). Because deadlines depend on specific facts and parties, consult a lawyer promptly.
How Our Texas Burn Injury Lawyers Help
We investigate promptly, secure and preserve evidence, work with fire, electrical, industrial, and medical experts, calculate the full measure of damages (including disfigurement and future care), handle insurer communications, and prepare every case as if it will go to trial. Our goal is to safeguard your rights and pursue all compensation the law allows.
Checklist: What To Do After a Burn Injury
- Seek immediate medical care and follow all treatment recommendations.
- Photograph injuries and the scene; store damaged items (such as appliances or batteries) safely.
- Gather names and contact information for witnesses.
- Save medical bills, insurance correspondence, and proof of missed work.
- Contact a Texas personal injury lawyer quickly to evaluate your rights and preserve critical evidence.
FAQ
How long do I have to file a burn injury lawsuit in Texas?
Generally two years from the date of injury, with exceptions. Government-related claims may require notice within months. Speak with a lawyer as soon as possible.
What if I was partly at fault?
Your recovery can be reduced by your percentage of responsibility and is barred if you are more than 50% at fault.
Can I recover for scarring and disfigurement?
Yes, Texas law recognizes disfigurement and physical impairment as recoverable damages in appropriate cases.
Do I need to keep the defective product?
Yes. Preserve the product and related components. Do not alter or discard items until counsel advises.
Free Consultation
If you or a loved one suffered a burn injury in Texas, contact us for a free, confidential consultation. We can explain your options, evaluate potential liability, and outline next steps at no upfront cost.
Disclaimer: This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal outcomes and deadlines depend on specific facts and governing law. Consult a licensed Texas attorney about your situation.