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 car accident on US-287 near Wichita Falls, an explosion at an industrial worksite, a defective product, or someone else’s carelessness, severe burns can permanently change every aspect of your life. If another person or company caused your burn injury, Texas law gives you the right to seek full compensation. At Chandler Ross Injury Attorneys, we work with burn injury victims throughout the Wichita Falls area and across North Texas to pursue the justice they deserve.
Table of Contents
- How Burn Injuries Happen and Why They Are So Serious
- Who Can Be Held Liable for a Burn Injury in Texas
- What Texas Law Says About Your Right to Compensation After a Burn Injury
- What Damages Can You Recover in a Wichita Falls Burn Injury Case
- Why Wichita Falls Burn Injury Victims Need an Experienced Attorney
- FAQs About Wichita Falls Burn Injury Lawyers
How Burn Injuries Happen and Why They Are So Serious
Burn injuries happen in more ways than most people expect. According to the American Burn Association’s 2024 Burn Injury Summary Report, the leading causes of burn admissions include flame and flash burns at 41.7%, scald injuries at 32.2%, contact burns at 10.8%, chemical burns at 3.7%, and electrical burns at 2.9%. In Wichita Falls and the surrounding Wichita County region, burn injuries frequently occur in oil field and construction accidents, house fires, vehicle crashes, and industrial plant incidents.
Researchers estimate that 600,000 individuals annually suffer a burn injury that requires emergency care in the United States. Many of these injuries are catastrophic. Extensive burns requiring surgical treatment and prolonged mechanical ventilation account for 4.4% of all admissions, with an inpatient mortality rate of 17.8%.
Burn injuries are classified by degree. First-degree burns affect only the outer skin layer and typically heal on their own. Second-degree burns go deeper, causing blisters, significant pain, and the need for medical treatment. Third-degree burns destroy all layers of skin and often require skin grafting. Fourth-degree burns are the most severe, reaching through skin into muscle, tendon, and bone. Severe burns are one of the most complex forms of traumatic injury, and people with burn injuries often require long-term rehabilitation.
Beyond the physical damage, burn survivors frequently face disfigurement, chronic pain, post-traumatic stress, and an inability to return to work. These consequences make it critical to understand your legal rights as soon as possible after an injury occurs.
Who Can Be Held Liable for a Burn Injury in Texas
Texas law holds negligent parties accountable when their careless or reckless conduct causes someone else to suffer a burn injury. Liability depends on the specific facts of your case, but several categories of defendants appear most often in burn injury claims in the Wichita Falls area.
Property owners can be liable when unsafe conditions on their premises, such as faulty wiring, gas leaks, or missing fire safety equipment, cause a fire or explosion. This type of claim falls under Texas premises liability law, which requires property owners to maintain reasonably safe conditions for lawful visitors.
Employers can be liable when workplace safety failures cause a burn injury. Texas is unique in that private employers can choose whether to carry workers’ compensation insurance. According to the Texas Department of Insurance, private employers in Texas are not required to carry workers’ compensation coverage in most cases. If your employer is a non-subscriber and their negligence caused your burn, you can file a direct negligence lawsuit against them without the usual workers’ compensation limitations.
Product manufacturers can be liable when a defective appliance, vehicle fuel system, chemical product, or piece of equipment causes a burn. Product liability claims in Texas hold manufacturers responsible for unreasonably dangerous designs or manufacturing defects. If a faulty vehicle fuel system caused a fire during a crash on US-82 or Loop 11 in Wichita Falls, both the driver at fault and the manufacturer could potentially share liability.
Other drivers can be liable when a car or truck accident causes a fire or fuel ignition that burns the occupants. Burn injuries from vehicle fires are among the most severe accident-related injuries treated at burn centers. If you were hurt as a passenger or another driver, the personal injury lawyers at Chandler Ross Injury Attorneys can help you identify every responsible party and pursue maximum compensation.
What Texas Law Says About Your Right to Compensation After a Burn Injury
Texas Civil Practice and Remedies Code Section 16.003(a) sets the filing deadline for burn injury claims. Under this statute, a person must bring suit for personal injury not later than two years after the day the cause of action accrues. Missing this deadline almost always means permanently losing your right to sue.
Texas also follows a modified comparative fault rule. Under the 51% rule in the Texas Civil Practice and Remedies Code, you can recover damages as long as you are found to be less than 51% responsible for your own injury. Your total compensation is reduced by your percentage of fault. So if a jury finds you 20% at fault and your damages total $500,000, you would recover $400,000.
Texas law allows burn injury victims to recover both economic and non-economic damages. Economic damages include medical bills, future medical care, lost wages, and loss of earning capacity. Non-economic damages cover pain and suffering, disfigurement, and mental anguish. In cases involving especially reckless conduct, punitive damages may also be available.
If a burn injury results in death, the victim’s family has rights under Texas Civil Practice and Remedies Code Chapter 71. Under Section 71.002, a person is liable for damages arising from an injury that causes an individual’s death when the injury was caused by that person’s wrongful act, neglect, carelessness, or default. A wrongful death suit must be brought not later than two years after the day the cause of action accrues, and the cause of action accrues on the death of the injured person. Families in the Wichita Falls area who have lost a loved one to a fatal burn injury should contact an attorney right away to protect their rights under this statute.
What Damages Can You Recover in a Wichita Falls Burn Injury Case
The value of a burn injury claim depends on the severity of the injury, the cost of treatment, and the long-term impact on the victim’s life. Burn injuries are among the most expensive injuries to treat, and that cost does not stop at the emergency room.
Medical treatment for serious burns often includes emergency care, hospitalization, multiple surgeries, skin grafting, wound care, physical therapy, occupational therapy, and psychological counseling. Victims with severe burns may need care for years or even decades. All of these costs are recoverable in a Texas burn injury lawsuit when someone else’s negligence caused the injury.
Lost income is another major category of damages. Many burn survivors cannot return to their previous jobs because of physical limitations or disfigurement. If your burn injury reduces your earning capacity permanently, Texas law allows you to recover damages for that future loss.
Pain and suffering damages reflect the physical pain and emotional toll of a serious burn injury. Disfigurement damages are separately recognized under Texas law, which is important because burn scars are often permanent and visible. Mental anguish damages cover the psychological harm that accompanies severe burns, including anxiety, depression, and post-traumatic stress disorder.
In cases involving workplace burns, the analysis shifts depending on whether your employer carries workers’ compensation insurance. Non-subscriber employers in Texas lose the right to claim that the employee assumed the risk or was contributorily negligent, which can significantly strengthen your case. An attorney familiar with both workers’ compensation law and civil negligence claims can help you choose the right path forward.
Every case is different, and past results in other cases do not guarantee the same outcome in yours. However, having an attorney who understands the full range of damages available under Texas law gives you the best chance at a fair recovery.
Why Wichita Falls Burn Injury Victims Need an Experienced Attorney
Burn injury cases are factually and legally complex. Proving negligence requires building a clear chain of evidence connecting the defendant’s conduct to your injury. In product liability cases, this often means retaining expert witnesses to analyze the defective product. Under the standard established in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), expert testimony must be based on sufficient facts and reliable methodology to be admitted in court. Selecting and preparing the right experts is a critical part of any serious burn injury case.
Insurance companies defending burn injury claims are highly motivated to minimize what they pay. They may argue that you contributed to your own injury, that your medical treatment was excessive, or that your future damages are overstated. Without legal representation, most people are at a serious disadvantage when dealing with experienced insurance adjusters and defense lawyers.
Chandler Ross Injury Attorneys serves clients throughout the Wichita Falls area, including communities near Sheppard Air Force Base, the Midwestern State University campus, and neighborhoods along Kemp Boulevard and Kell Freeway. We understand the local community and the courts in this region, including the 30th District Court of Wichita County. Whether your case involves a workplace explosion near the industrial corridor along I-44, a car fire on Southwest Parkway, or a residential fire in a neighborhood off Taft Boulevard, we are ready to investigate your claim thoroughly.
We handle burn injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Call us today at (940) 800-2500 to schedule a free consultation. There is no obligation, and speaking with us costs you nothing.
FAQs About Wichita Falls Burn Injury Lawyers
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 have two years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, a court will almost certainly dismiss your case and you will lose your right to seek compensation. Some exceptions exist, such as the discovery rule for injuries that were not immediately apparent, and tolling provisions for minors under Texas Civil Practice and Remedies Code Section 16.001. Do not wait to speak with an attorney, because building a strong case takes time.
What if my burn injury happened at work in Wichita Falls?
Your options depend on whether your employer carries workers’ compensation insurance. In Texas, private employers are not required to carry workers’ compensation coverage in most cases. If your employer is a non-subscriber and their negligence caused your burn, you can file a direct civil lawsuit against them. Non-subscriber employers also lose several common defenses, which can make your case stronger. If your employer does carry workers’ compensation coverage, you may still have a third-party claim against a contractor, equipment manufacturer, or property owner whose negligence contributed to the injury.
Can I sue if a defective product caused my burn injury?
Yes. Texas product liability law holds manufacturers and sellers responsible when a defective or unreasonably dangerous product causes injury. If a faulty appliance, vehicle component, chemical product, or piece of industrial equipment caused your burn, you may have a claim against the manufacturer, distributor, or retailer. These cases often require expert analysis of the product and its design, so it is important to preserve the product and any related evidence as soon as possible after the incident.
What damages can I recover in a Texas burn injury case?
Texas law allows burn injury victims to recover economic damages such as past and future medical bills, lost wages, and reduced earning capacity. You can also recover non-economic damages including pain and suffering, mental anguish, and disfigurement. In cases involving especially reckless or intentional conduct, punitive damages may be available as well. The specific damages recoverable in your case depend on the facts, the severity of your injuries, and the applicable law. Every case is different, and no attorney can guarantee a specific outcome.
Do I have to go to court to resolve my burn injury claim?
Not necessarily. Many burn injury cases in Texas are resolved through settlement negotiations before a trial is ever needed. However, insurance companies often offer low settlements early in the process, especially before an attorney gets involved. Having legal representation signals to the insurance company that you are prepared to go to trial if necessary, which typically leads to more serious settlement offers. If a fair settlement cannot be reached, filing suit and taking your case to the 30th District Court of Wichita County or another appropriate court may be the right path. Chandler Ross Injury Attorneys is prepared to take your case as far as necessary to seek fair compensation.
Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. Attorney responsible for this content: Chandler Ross. This page is attorney advertising. Past results do not guarantee a similar outcome in any future case, as results depend on the unique facts and law applicable to each matter.
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