Texas Burn Injury Liability Laws
Every year, over 40,000 Americans are hospitalized as a result of burn injuries. Burn injuries can happen almost anywhere at any time, which is part of what makes them so dangerous. Burns often come with long, expensive, and painful recovery processes, so understanding your avenues to recover compensation after a burn injury in Brownsville is vital.
If you or a loved one has suffered a burn injury in South Texas, consult Brownsville burn injury attorneys to understand your options. The Texas burn injury attorneys at Carabin Shaw have been fighting for Brownsville burn victims for over 28 years and can help you get the compensation that you deserve.Filing a Personal Injury Claim After a Burn Injury
Severe burn injuries can come with serious medical expenses that can greatly impact lives. If your burn injury was the result of someone else’s negligence and your accident did not happen in the workplace, you should consider consulting a personal injury lawyer in Brownsville to understand your options for filing a personal injury claim.
Texas burn injury liability laws are centered around the concept of negligence, which is explained further in the next section.Proving Negligence in Burn Injury Claims
In legal terms, negligence means that another person or company caused your accident or injury by failing to exhibit the same amount of care a reasonable person would have under the same circumstances. Negligence can occur either through someone’s actions, inactions, or intent but it always means that they are at fault for the injury.
To prove negligence, you and your attorney need to prove the following:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The breach of the duty of care caused your burn injury
If you believe that someone else caused your injury through their negligence, consult a lawyer to pursue compensation.Filing a Workers’ Compensation Claim if Your Injury Happened at Work
Most but not all employers in Texas are required to carry workers’ compensation insurance. If you are injured on the job, you will more than likely file a workers’ compensation claim rather than a personal injury claim.
The main difference between a personal injury lawsuit and a workers’ compensation claim is that you do not have to prove negligence in a workers’ compensation claim; you only need to prove that you were injured on the job. There are certain scenarios where you are still eligible to file a personal injury lawsuit if your injury happened at work such as:
- Your injury was caused intentionally by your employer
- A defective product caused your work injury
- An employee of a third party caused your injury through negligence
If your workers’ compensation claim was denied, not offered, or you suffered a workplace burn injury due to any of the above circumstances, call a personal injury lawyer in Brownsville.Damages Available in Burn Injury Cases
In burn injury cases, there are two types of damages available to pursue which are explained below:
- Economic damages - Economic damages compensate burn victims for their financial expenses that occur as a direct result of the accident and commonly include things like lost wages, medical expenses, and physical therapy costs.
- Non-economic damages - Non-economic damages compensate injury victims for their physical and psychological suffering resulting from an accident and can include compensation for pain and suffering, mental anguish, and loss of enjoyment of life.
After suffering a burn injury, it is important that you have experienced Brownsville burn injury attorneys on your side. Our award-winning team of Texas burn injury attorneys at Carabin Shaw has been fighting for Texas burn victims for over 28 years and has recovered over $1 billion for our clients.
Call us today at 800-862-1260 to schedule a free, no-obligation consultation or you can fill out our online form.