Fort Worth Burn Injury Lawyer
Burn injuries can be catastrophic. You may suffer long-term medical treatment, painful skin grafts, severe wounds, physical disfigurement, and emotional trauma. Burn injury accidents can occur from fires, car accidents, gas explosions, faulty wiring, chemicals, and many other situations.
If you or your loved one suffer burn injuries, a skilled and experienced Fort Worth burn injury lawyer may help you obtain damages to cover expensive medical and rehabilitation costs, pain and suffering, and any other expenses you endure from your burn injury.
Burn Injury Damages
An injured party is entitled to both economic and non-economic damages for burn injuries in Fort Worth. Economic damages include all accident-related costs, lost wages, and any future lost earnings, and all medical bills past and future. Non-economic damages cover pain and suffering, mental and emotional harm, compensation for disfigurement, and loss of enjoyment of life.
Certain factors affect burn injury damages, such as: how much of the body is burned, where the burn occurred, whether the injured party is left permanently scarred, if the scars are visible and whether an infection occurred.
Additionally, due to the severe nature of some burn injuries, these damages can sometimes be challenging to assess at the outset. Until treatment is complete, the full extent of injuries may not be known. Medical treatment for burn injuries, such as skin grafting, amputations, and wound care, is often expensive and painful. Burn injuries can leave a person permanently physically challenged, unable to work or enjoy their activities and hobbies.
A skilled Fort Worth attorney with expertise in burn injury cases understands the complexities in burn injury lawsuits, enduring medical costs, and emotional toll involved and may fight tirelessly to ensure the injured claimant is awarded total and just compensation.
If the defendant acts with malice or gross negligence, the injured party may be entitled to punitive damages in Fort Worth. Setting fire with intent to harm, i.e., arson, is a case for punitive damages. These damages intend to punish the defendant. Punitive damages are capped in Fort Worth.
Elements to Prove Burn Injury Negligence
To be successful in a burn injury case in Fort Worth, an injured party must prove by a “preponderance of the evidence” that the defendant is responsible. The plaintiff must prove the following elements:
- Defendant owed a duty of care – people must take reasonable care to avoid harm to others
- Defendant breached that duty of care – failed to exercise reasonable care
- Defendant’s breach of duty caused the injuries
- The accident caused harm to plaintiff (damages)
An experienced Fort Worth burn injury attorney may be able to establish the necessary elements by collecting all evidence and documentation and providing qualified medical experts to attest to the nature and severity of the injury.
Modified Comparative Fault and “51 Percent Bar”
Under Texas Civil Practice and Remedies Code, Section 33.001, a plaintiff may not recover damages if they are 51 percent or more at fault for the accident. Fort Worth also follows the modified comparative rule. If the defendant is held to be more at fault plaintiff may recover damages. The compensation award will be reduced in proportion to fault per Texas C.P.R.C. Section 33.012.Thus, if damages are $100,000 and the jury deems the plaintiff thirty percent at fault, the plaintiff’s recovery will be $70,000.
A burn injury lawyer skilled in Fort Worth comparative fault statutes may help prove a majority of fault on the defendant or other parties, so the plaintiff is not barred from recovering damages.
Reach Out to a Fort Worth Burn Injury Attorney Today
Burn injury lawsuits can be complex, involving extensive discovery, evidence, and specialized medical experts to testify at court. Damages, both medical and non-medical, can be difficult to assess fully until years after treatment is completed -some injuries are life-long and permanent. To fully compensate for what you are entitled to and avoid a low-ball insurance settlement, contact an experienced Fort Worth burn injury lawyer.
Your injuries, scars, and treatment may be costly, painful, and arduous. Your damages recovery should not be. Call a Fort Worth burn injury lawyer today to discuss your options for compensation.