SERIOUS ATTORNEYS FOR SERIOUS INJURIES
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Burn injuries are among the most physically devastating and emotionally traumatic injuries a person can suffer. Whether caused by a workplace accident, a car fire, a defective product, or a negligent property owner, serious burns can permanently change your life. If someone else’s negligence caused your burns, Texas law gives you the right to hold that person or company accountable. At Chandler Ross Injury Attorneys in Denton, Texas, we represent burn injury victims throughout the Dallas-Fort Worth area, including communities along I-35W, U.S. 380, and Loop 288. If you or someone you love has suffered a serious burn injury, contact us at (940) 800-2500 for a free consultation with our team.
Table of Contents
- What Qualifies as a Serious Burn Injury Under Texas Law
- Common Causes of Burn Injuries in the Dallas-Denton Area
- Texas Law and Your Right to Compensation After a Burn Injury
- Burn Injuries in the Workplace and How Texas Workers’ Compensation Affects Your Claim
- What to Do After a Burn Injury in Denton or the Dallas Area
- FAQs About Dallas Burn Injury Attorney
What Qualifies as a Serious Burn Injury Under Texas Law
Texas law does not define a specific threshold for what counts as a “serious” burn injury, but the severity of your burns directly shapes the strength and value of your legal claim. Medical professionals classify burns by degree, and that classification matters when building a personal injury case.
First-degree burns affect only the outer layer of skin. They typically heal on their own and rarely form the basis of a significant injury claim. Second-degree burns go deeper, damaging the layer beneath the skin’s surface. These injuries can cause scarring, require medical treatment, and may keep you out of work for weeks.
Third-degree burns destroy all layers of skin and often require skin grafting surgery. Fourth-degree burns are the most severe, reaching through muscle, tendons, and even bone. Research published in the Journal of Burn Care and Research estimates that approximately 600,000 individuals annually suffer a burn injury serious enough to require emergency care in the United States. Many of those injuries result from someone else’s negligence.
Texas personal injury law, rooted in negligence principles, allows you to seek compensation when another party’s careless or wrongful conduct caused your burns. That means you need to show four things: the at-fault party owed you a duty of care, they breached that duty, the breach caused your injuries, and you suffered actual damages as a result. Burn injuries that require surgery, hospitalization, skin grafts, or long-term rehabilitation almost always meet the damages threshold needed to pursue a meaningful claim. The personal injury lawyers at Chandler Ross Injury Attorneys can evaluate your situation and help you understand what your claim may be worth.
Common Causes of Burn Injuries in the Dallas-Denton Area
Burn injuries happen in many different settings, and the cause of your injury determines who may be legally responsible. Identifying the right defendant is one of the first and most important steps in your case.
Car and truck accidents are a leading cause of serious burns. Fuel leaks, engine fires, and explosions following a collision on I-35E, U.S. 377, or the Dallas North Tollway can trap occupants and expose them to extreme heat. Victims in these crashes may have claims against the at-fault driver and, in some cases, a vehicle manufacturer if a defective fuel system contributed to the fire.
Workplace accidents are another major source of burn injuries in North Texas. Construction sites, oil and gas facilities, and industrial plants near Denton and the Dallas metro area all carry significant fire and explosion risks. According to the CDC’s WISQARS database, there were 3,529 fatal burn injuries and 287,926 non-fatal burn injuries recorded in a single recent year. Many of those occurred in occupational settings.
Premises liability situations also produce serious burns. A landlord who fails to maintain working smoke detectors, a restaurant that allows grease trap hazards to go unaddressed near the Denton Square, or a property owner who stores flammable chemicals without proper safety measures can all be held liable if a fire results. These cases fall under Texas premises liability law, which requires property owners to maintain reasonably safe conditions for lawful visitors.
Defective products, including faulty appliances, gas lines, and electrical equipment, can also cause severe burns. In those cases, you may have a product liability claim against the manufacturer or distributor under Texas law, separate from any negligence claim against an individual.
Texas Law and Your Right to Compensation After a Burn Injury
Texas Civil Practice and Remedies Code Section 16.003(a) sets the deadline for filing a personal injury lawsuit. Under this statute, a person must bring suit for personal injury not later than two years after the day the cause of action accrues. For most burn injury victims, the clock starts on the date of the accident. Missing this deadline almost always means losing your right to recover any compensation.
There are limited exceptions. If the injured person is a minor under 18 years old when the cause of action accrues, the statute of limitations is tolled until they reach the age of 18, as provided in Texas Civil Practice and Remedies Code Section 16.001(a)(1). If the burn victim is mentally incapacitated, a similar tolling rule may apply.
If your burn injury was caused by a government employee or occurred on government property, the Texas Tort Claims Act applies. Under the Texas Tort Claims Act, you often have just 180 days from the accident date to provide written notice of your claim. Failing to give that notice on time can bar your case entirely, even if you file within the two-year window.
When a burn injury results in death, Texas Civil Practice and Remedies Code Chapter 71 governs wrongful death claims. Under CPRC Section 71.002, a person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by that person’s or their agent’s wrongful act, neglect, carelessness, or default. Surviving spouses, children, and parents may bring these claims. The two-year filing period for wrongful death begins on the date of death, not the date of the accident that caused the fatal burns.
Compensation in a Texas burn injury case can include medical expenses, future medical care, lost wages, lost earning capacity, physical pain and suffering, disfigurement, and mental anguish. Texas does not cap non-economic damages in most personal injury cases, which means severe burn victims may recover substantial compensation for disfigurement and long-term emotional harm. Each case is different, and past results in other matters do not guarantee a specific outcome in your case.
Burn Injuries in the Workplace and How Texas Workers’ Compensation Affects Your Claim
If your burn injury happened at work, your legal options depend on whether your employer carries Texas workers’ compensation insurance. This matters because Texas is the only state that does not require most private employers to carry workers’ compensation coverage.
Under Texas Labor Code Section 406.031, an insurance carrier that covers a subscribing employer is liable for compensation for a work injury without regard to fault, as long as the injury arose out of and in the course and scope of employment. If your employer subscribes to workers’ compensation, that coverage is generally your exclusive remedy against the employer. You receive medical benefits and lost wages, but you typically cannot sue your employer directly in civil court for pain and suffering or disfigurement.
However, if your employer does not carry workers’ compensation insurance, they are called a “non-subscriber.” Non-subscriber employers in Texas lose key legal defenses in a civil lawsuit, including the assumption of risk defense and the fellow servant defense. That makes it significantly easier to hold a non-subscriber employer accountable for your burn injuries in court.
Even if your employer is a subscriber, you may still have a third-party claim. If a subcontractor, equipment manufacturer, or another party on the job site caused the fire or explosion that burned you, you can pursue a civil lawsuit against that third party while still receiving workers’ compensation benefits. This is a powerful option for workers burned on construction sites, oil field operations, or industrial facilities in the Dallas-Denton corridor.
Chandler Ross Injury Attorneys handles both non-subscriber employer claims and third-party workplace burn injury cases. Call us at (940) 800-2500 to discuss your situation. We can review your employer’s coverage status and identify every avenue of recovery available to you.
What to Do After a Burn Injury in Denton or the Dallas Area
The steps you take immediately after a burn injury can directly affect the strength of your legal claim. Acting quickly protects both your health and your right to compensation.
Get emergency medical care first. Serious burns require immediate treatment, and a delay in care can worsen your injuries and complicate your claim. Whether you are treated at Denton Regional Medical Center, Medical City Denton, or a burn center in the Dallas area, make sure every treatment is documented. Medical records are the backbone of any burn injury case.
Report the incident as soon as possible. If the burn happened at work, Texas Labor Code Section 409.001 requires you to notify your employer within 30 days of the injury. If you miss this deadline, your workers’ compensation claim may be denied. If the burn occurred on someone else’s property or in a car accident, report it to the relevant parties and preserve any evidence you can, including photos of the scene, your injuries, and any defective equipment involved.
Do not give a recorded statement to an insurance company without speaking to an attorney first. Insurance adjusters are trained to look for statements that reduce the value of your claim. What you say in the days after your injury can be used against you later.
Contact Chandler Ross Injury Attorneys as soon as possible. Our team can investigate the cause of your burns, identify responsible parties, and begin preserving evidence before it disappears. We serve clients throughout Denton County, Dallas County, and the surrounding communities. You can reach us at (940) 800-2500. There is no fee unless we recover compensation for you.
FAQs About Dallas Burn Injury Attorney
How long do I have to file a burn injury lawsuit in Texas?
Under Texas Civil Practice and Remedies Code Section 16.003(a), you generally have two years from the date of your injury to file a personal injury lawsuit. If your burn injury resulted in a loved one’s death, the two-year period for a wrongful death claim begins on the date of death. Some exceptions exist for minors and incapacitated individuals, but these are narrow and must be proven. The safest approach is to contact an attorney as soon as possible after your injury.
Can I sue my employer for a burn injury at work in Texas?
It depends on whether your employer carries Texas workers’ compensation insurance. If they do, workers’ compensation is generally your exclusive remedy against the employer, meaning you receive medical and wage benefits but cannot sue the employer directly for pain and suffering. If your employer is a non-subscriber, meaning they opted out of the workers’ compensation system, you can sue them in civil court and they lose several key defenses under Texas law. You may also have a separate civil claim against any third party whose negligence contributed to your injury.
What compensation can I recover in a Texas burn injury case?
Texas law allows burn injury victims to recover economic damages, which include past and future medical expenses, lost wages, and reduced earning capacity. You can also seek non-economic damages such as physical pain and suffering, mental anguish, and disfigurement. Texas does not cap non-economic damages in most personal injury cases, which is significant given the permanent scarring and disfigurement that often result from serious burns. Every case is different, and the compensation available depends on the specific facts and circumstances of your situation. Past results in other cases do not guarantee a particular outcome in yours.
What if a defective product caused my burn injury?
If a defective appliance, vehicle component, gas line, or other product caused your burns, you may have a product liability claim against the manufacturer, distributor, or seller under Texas law. Product liability claims are separate from negligence claims and do not always require proof that the manufacturer was careless. Instead, you may be able to show that the product was unreasonably dangerous as designed or manufactured, or that the manufacturer failed to provide adequate warnings. These claims can be complex, so it is important to contact an attorney quickly to preserve evidence and identify all responsible parties.
Do I need a lawyer for a burn injury claim in Texas?
Burn injury cases involve serious medical issues, multiple potential defendants, insurance company tactics, and strict legal deadlines. Handling a claim on your own while recovering from a serious injury puts you at a significant disadvantage. An attorney can investigate the cause of your burns, calculate the full value of your damages including future medical care and lost earning capacity, and negotiate with insurance companies on your behalf. If a fair settlement cannot be reached, an attorney can file suit and represent you in court. At Chandler Ross Injury Attorneys, you pay no attorney’s fees unless we recover compensation for you. Call us at (940) 800-2500 to get started.
Content provided by Chandler Ross Injury Attorneys, Denton, Texas. Attorney responsible for this content: Chandler Ross, principal office located in Denton, Texas. The attorneys at Chandler Ross Injury Attorneys are licensed to practice law in Texas. Results in any individual case depend on the specific facts and applicable law and cannot be guaranteed based on past outcomes.