Thousands of people are burned in accidents every year in Frisco, Texas. While many stem from minor accidents and kitchen mistakes, others result from the carelessness of another person. When that carelessness causes painful, long-term injuries, victims of their negligence may be entitled to compensation.
If you or a loved one suffered a severe burn as a consequence of someone else’s reckless or negligent choices, you may have a burn injury claim. A consultation with a well-versed catastrophic injury attorney is free and confidential and may allow you to better understand your legal rights and explore your options moving forward. Do not hesitate to contact a Frisco burn injury lawyer today.
Fires are the main cause of burn injuries. When a home or property does not install or maintain smoke detectors, fails to comply with fire codes, or contains poor electrical wiring, fires can easily break out and burn out of control.
Scalding burns are the second leading cause of burn injuries, according to the American Burn Association. Scalding injuries can occur when extremely hot water, coffee, or steam makes contact with someone’s skin. Thermal burns can also result in serious injuries. These occur when a person comes into contact with an iron, oven, or other hot surfaces. While electrical and chemical burns are less common, they can cause some of the most severe kinds of burns.
Many people are familiar with the concept of burn degrees but may be unsure of what they actually refer to. First-degree burns damage the outer layer of skin and are considered the least serious kind of burn. Second-degree burns are more dangerous, with damage to both the epidermis and dermis. Finally, third-degree burns extend through all layers of the skin and may cause nerve damage, and fourth-degree burns penetrate all the way to the muscle and bone. Speak with a local burn injury lawyer to learn more.
Compensatory damages may be available for burn victims whose injuries resulted from someone else’s negligence. Economic damages like lost wages and medical bills can be factored into a settlement, as may non-economic costs like pain and suffering. Punitive damages are sometimes awarded when a court deems the defendant exercised gross or wanton negligence.
In deadly burn injury accidents, a wrongful death suit may be applicable. Surviving spouses, children, and other relatives may choose to pursue compensation on behalf of the deceased. Such settlements can help families recoup the financial loss of a breadwinner and cover medical and funeral costs. While no amount of money can make up for the loss of a loved one, wrongful death settlements can help ensure that the family’s grief is not overshadowed by impending financial stress. A seasoned Frisco burn injury attorney may be able to help you pursue compensation.
Under the law, comparative and contributory negligence are two different concepts relevant to burn injury cases. Previously, contributory negligence was a legal concept mandating that injured people might not receive anything if it was decided that their own negligence contributed to their resulting harm. That law was determined to be unfair because it allowed negligent people to ask juries to assign a small percentage of responsibility to victims, in which case the injured party would get nothing.
Conversely, comparative negligence accounts for the percentage of responsibility for a particular event, and fault is apportioned between the parties based on the difference in percentage. Under the comparative negligence statutes, fault is apportioned, the damages are totaled, and the injured person receives the defendant’s percentage of fault for causing their accident. For instance, if someone sustains a burn from a motorcycle accident, a jury might determine that the other party was 80 percent responsible for the accident, leaving the burned individual with 20 percent of the fault. In that situation, the defendant would be obligated to pay 80 percent of the person’s injuries, and the remaining 20 percent would go uncompensated. That is called pure comparative negligence.
However, Texas followed modified comparative negligence that states if someone is deemed to be more than 50 percent at fault for their own injury, they cannot recover anything. The legislature determined that if someone is more than half at fault for their own injuries, they should not recover regardless of another party’s percentage of fault.
Another comparative negligence issue is joint and several liability, which is when more than one defendant is at fault. An example of this concept might involve two different defendants who are at fault for someone else’s injuries. If one defendant is 20 percent responsible, and the other is 80 percent, this law would require the defendant who is 80 percent responsible to pay 100 percent of the damages and get 20 percent back from the other defendant.
This can become even more complicated with more defendants. Therefore, it is helpful to seek guidance from a knowledgeable burn injury lawyer in Frisco.
Burn injuries can forever change your life. Days spent in the sun can be painful for burn victims, as can showering and even being in warm environments. This can make it difficult for victims to hold down jobs and dramatically alter their lifestyles.
With the help of a Frisco burn injury lawyer, though, victims could seek justice and work to ensure they are not stuck footing the bill for expensive treatments. If you or someone you love has suffered burn injuries because of someone else’s negligence, consider contacting an experienced attorney as soon as possible.
McCraw Law Group