Burn Injuries in Texas: Understanding Your Rights
We help burn injury victims in Texas understand their rights and pursue compensation for medical costs and losses. Our firm offers knowledgeable legal support and strong advocacy throughout your recovery.
Burn Injuries in Texas: Understanding Your Rights
Burn injuries result in over 400,000 cases requiring medical attention each year in the United States, according to data from the American Burn Association and CDC reports. These injuries can cause severe physical disfigurement, as well as emotional distress and long-lasting psychological trauma. In Texas, where industries like oil and gas are prominent, burn incidents are particularly common, with thousands affected annually through workplace accidents, fires, and other negligence-related events.
At Payne, Powell, Truitt & Chandler, our burn injury lawyers have worked with numerous clients who have been victims of burn injuries due to negligence. Burn injuries stem from a variety of underlying causes. Among the most common in Texas include:
- Oilfield accidents that yield burn injuries
- Car accidents that yield burn injuries
- Motorcycle accidents that yield burn injuries
- Truck accidents that yield burn injuries
- Workplace incidents that yield burn injuries
- Defective products that yield burn injuries
Our experienced lawyers have represented individuals who have also sustained burn injuries due to propane or natural gas explosions, electrical burns and chemical burns, hot water burns, and hot oil burns—issues often seen in Texas’s industrial and residential settings.
Texas Laws Governing Burn Injury Claims
In Texas, burn injury claims fall under personal injury law, primarily governed by negligence principles as outlined in the Texas Civil Practice and Remedies Code. To succeed in a claim, you must prove four key elements: that the defendant owed you a duty of care, breached that duty through negligent, reckless, or intentional actions, that this breach directly caused your injury, and that you suffered damages as a result.
Texas follows a modified comparative negligence rule, meaning if you are found partially at fault (less than 51%), your compensation may be reduced by your percentage of responsibility. For workplace-related burns, the state’s optional workers’ compensation system plays a role—if your employer subscribes, you may receive no-fault benefits but cannot sue them directly; if not (a non-subscriber), you can pursue a lawsuit but they lose certain defenses. The statute of limitations for personal injury claims in Texas is two years from the date of the injury, so timely action is critical to preserve your rights.
Additionally, if third-party negligence contributed (e.g., a defective product or another driver’s recklessness), you can file claims against those parties for fuller compensation, including pain and suffering, which workers’ comp often excludes.
Your Rights as a Burn Injury Victim
If you were the victim of a burn injury resulting from negligence, recklessness, or intentional action or inaction, you may be entitled to recover compensation from the responsible parties. Your recovery may include damages for medical expenses (such as surgeries, skin grafts, and rehabilitation), lost wages, emotional distress, pain and suffering, and even scarring or disfigurement. In severe cases, punitive damages may apply if the conduct was grossly negligent.
You also have the right to the best possible medical care to aid your recovery, and pursuing a claim can help secure resources for ongoing treatment. Burn injuries are classified by degrees—first-degree (superficial), second-degree (partial thickness), third-degree (full thickness), and fourth-degree (deep tissue damage)—with higher degrees often leading to more substantial claims due to long-term impacts.
Steps to Take After a Burn Injury
To protect your rights and build a strong claim:
- 1.Seek Immediate Medical Attention: Burns can worsen quickly; get treated and document everything.
- 2.Report the Incident: Notify authorities, employers, or property owners as required.
- 3.Gather Evidence: Take photos of injuries and the scene, collect witness statements, and preserve any relevant items (e.g., defective products).
- 4.Avoid Settlements: Don’t sign anything from insurers without legal review—they may undervalue your claim.
- 5.Consult an Attorney: An experienced lawyer can guide you through Texas-specific rules and maximize your recovery.
Why Choose Payne, Powell, Truitt & Chandler for Your Burn Injury Claim
If you experienced a burn injury, it is important to seek the help of an experienced lawyer quickly to protect your rights. At Payne, Powell, Truitt & Chandler, our team brings years of combined legal expertise to burn injury cases across West Texas & Eastern New Mexico.
Through years of compassionate experience, our injury lawyers have developed and continue to maintain strong relationships with medical staff, including doctors and nurses, at local hospitals in Lubbock and surrounding areas.