Celina Burn Injury Lawyer
Burns occur when someone’s body is damaged by extreme heat, chemicals, electricity, or radiation. If you suffered a severe burn, you could be eligible for financial compensation.
A Celina burn injury lawyer might be able to assist with filing a civil claim for recovery. In an initial consultation, a seasoned catastrophic injury attorney could review the facts of your case to build you a strong claim. With the right legal guidance, you could hold the party responsible for your injuries accountable.
Recoverable Damages in a Burn Injury Claim
Burns could be devasting, often resulting in permanent scars and disfigurement. Fortunately, the legal system allows people to seek financial recovery for their losses in the form of damages. There are three types of damages available to personal injury claimants under Texas law:
- Economic damages
- Non-economic damages
- Exemplary damages
Under Texas Civil Practice and Remedies Code § 41.001, economic damages refer to pecuniary losses caused by burn injuries. These damages include medical expenses, travel expenses, legal expenses, lost wages, and lost earning potential.
Non-economic damages are damages sought by individuals for pain and suffering, loss of companionship, disfigurement, physical impairment, and decreased enjoyment of life. The severity of the burns directly impacts the amount of damages an individual could seek. For example, a third-degree burn would result in damages to the nerves and tissue in addition to the damage to the skin. This kind of injury would likely result in more substantial recovery.
For rare cases, a person could seek exemplary, or punitive damages. These damages are not designed to compensate the injured person but are meant to punish a defendant for their negligent behavior. This must be proved by clear and convincing evidence, and that behavior has to be either fraud, malicious intent, or gross negligence, per Tex. Prac. & Rem. §41.001, (12). For help determining the amounts you could recover from a claim, speak to a Celina burn injury lawyer.
Establishing Fault in Celina Burn Injury Cases
All civil claims place the burden of proof on the injured person. Typically, Celina burn injury lawyers must prove a defendant behaved negligently by establishing four elements:
- Duty – a defendant owed a them a duty of care to not cause undue harm
- Breach – a defendant failed to perform their duty
- Causation – the breach of duty directly resulted in harm to the claimant
- Damages – a person must show evidence that they suffered an actual injury
Celina follows the doctrine of comparative negligence. This doctrine states that so long as the injured individual’s negligence does not outweigh the defendant’s negligence, then the individual is still allowed to recover. However, if their amount of fault is found to outweigh the defendant’s, then they lose their ability to recover damages.
Another potential legal theory that burn injuries could use is product liability. In product liability cases, victims need to show that a defect in a product caused a burn injury. A product manufacturer could be liable if either the product was badly designed or incorrectly manufactured. A Celina burn injury attorney could help a person determine who is responsible for their burn injuries and could calculate their degree of fault.
Consult a Celina Burn Injury Attorney Today
Following a burn injury, you may be unsure of what your options are. A Celina burn injury lawyer could educate you on how Texas law might provide a remedy for your losses. Additionally, a lawyer could help you calculate your damages and hold the responsible party accountable. To schedule a consultation, call today.