Irving Burn Injury Lawyer
Individuals who suffer burn injuries caused by another’s careless actions or negligence could face costly long-term consequences. In many cases, the law could provide a remedy for victims to recover monetary compensation from the party that caused them harm.
If you or a loved one were injured due to the negligent actions of another, an experienced attorney could help your case. Speak to an Irving burn injury lawyer to learn about the types of damages you may be eligible to recover. A skilled catastrophic injury attorney could conduct a thorough review of the circumstances of your injury to identify all potential parties who could held liable for your injuries.
Types and Degrees of Burn Injuries
There are four primary types of burns, including thermal, light, chemical, and radiation burns. Thermal burns occur when the individual comes in contact with steam, fire, hot liquids, and other extreme heat sources. Light burns stem from ultraviolet light and sunlight.
Chemical burns are caused by a chemical, alkali, or acid explosion, while radiation burns would occur when someone comes in contact with nuclear radiation. Furthermore, there are three main categories of burn severity, which are as follows:
- First-degree burns — With this burn degree, the top layer of skin is the only area damaged, with visible signs of the burn, including minor inflammation and redness.
- Second-degree burns — The damage extends beyond the top layer of the skin and is often accompanied by very blistered and red skin, which could take weeks to heal.
- Third-degree burns — The most severe type of burn, the damage goes through all the skin layers and could impact the bones and organs. Third-degree burns could be characterized by a black or white dry wound and charring and could result in hypothermia, permanent nerve damage, and even death.
Fire is the most common cause of burn injuries. Bad electrical wiring, failure to comply with fire codes, and a lack of smoke detectors could all be instances of negligence that could cause or increase injury risk if a fire occurs.
Pursuing Compensation for Damages
In a burn injury case, an Irving attorney must prove four, key elements to establish negligence. The individual or entity must have had a duty of care to the plaintiff and breached that duty of care, causing injury to the plaintiff. In addition, the plaintiff’s injury must have resulted in substantial damages.
A burn injury victim could pursue numerous types of compensatory damages, including both economic damages, such as lost income and medical bills, and non-economic damages, like pain and suffering.
In instances where the plaintiff could prove gross negligence or malice on the part of the defendant, the court could award punitive damages as well. Unlike economic and non-economic damages, which are designed to compensate the plaintiff, punitive damages are awarded to punish the defendant for egregious wrongdoing and to deter future conduct.
The Filing Deadline
Texas Civil Practice and Remedies Code Title 2 § 16.003 imposes a two-year statutory time limit by which burn injury victims must file a claim for damages, or else they could be barred from financial recovery. A seasoned burn injury attorney in Irving could determine the filing deadline and ensure prompt legal action is taken.
Understanding Shared Fault Rules in Irving Burn Injury Lawsuits
In cases, the defendant may allege that the plaintiff is partially responsible for an accident or their injuries. Fortunately, the law could still allow the plaintiff to make a financial recovery under Tex. Civ. Prac. & Rem. Code Title 2 § 33.001. In shared fault cases, Texas law adheres to the modified comparative negligence rule.
This means that the amount of compensation the plaintiff would be entitled to would be reduced by their percentage of assigned fault. However, if the injured party is found to be more than 50 percent to blame, the law would bar them from collecting any compensation from the at-fault parties.
Seek Help from an Irving Burn Injury Attorney Today
An Irving burn injury lawyer understands what is at stake for burn injury victims and their families. An attorney could help you hold the negligent party accountable for their actions and help you recover compensation for damages. To discuss how an experienced lawyer could assist in your burn injury case, call today to arrange a consultation.