Brasure Law Firm, PLLC

By: Chris Brasure

How Long do I have to file a burn injury claim in Texas?

Personal Injury

Whether your claim is worth a few thousand dollars or several million dollars, time is of the essence. Victims can easily be locked out if they are not keen on legal timelines in Texas. But it is not fair to bear the financial burden for injuries you did not solely contribute to.

It is common to miss deadlines when you are so focused on recovery. However, an Edinburg personal injury lawyer can remind you how much time you have left and ensure that you file your claim on time.

What Timelines Should I Consider if I Have Burn Injuries?

The statute of limitations for burns is generally two years from the date of the injury. But it is not advisable to wait until the period is almost elapsing to take action because there is a lot to take care of before the timeline lapses. But this does not mean that you should give up the course just because you are almost time-barred.

One of the things to do before filing is to determine the liable parties for the lawsuit. Additionally, you will need to compile the pieces of evidence that show negligence on someone else’s part. Importantly, an Edinburg burn injury lawyer needs to document all your losses and work out what your case is worth.

Who Can I Claim Against in that Period?

The specific party liable for your injuries depends on the nature of the incident that led to the burn. Your burns might have resulted from:

  • Excessive exposure to the sun
  • Scalding from burning or hot liquids
  • Electric burns
  • Chemical burns
  • Fires from lighters, candles, or matches
  • Automobile accidents
  • Entrapment
  • Explosions
  • Workplace burns

If you are burnt in any of the above circumstances, an Edinburg burn injury lawyer can guide you on who to sue for damages. But the parties to the suit could include:

  • The maintenance company tasked with the upkeep of a property
  • Property manager
  • Property owner
  • Business owner
  • Homeowner
  • The driver that caused the crash
  • The employer
  • A utility company
  • A contractor
  • A manufacturer
  • Landlords

What Can I Recover if I File on Time?

Filing a claim on time will not only hold the negligent companies or people accountable. It will also benefit you as a victim. For instance, filing a claim will provide you with the resources needed for rehabilitation, recovery, and reintegration into your daily life.

  • Compensation for emotional damage
  • Medical help to reduce scarring that interferes with the mobility of the head and limbs
  • Compensation for facial deformity and scarring
  • Compensation for fighting infection or sepsis
  • Retraining for a new job that accommodates burn injury
  • Plastic reconstructive surgery for healed burns

And if a loved one succumbs to the burn injuries, you can get compensation for wrongful death when you file on time.

What Types of Burns Can I Get Compensation for?

Sometimes, skin damage appears minor but could have significantly affected the inner parts of the body. Compensation usually depends on the severity of the burn, which is usually classified in various degrees.

First-Degree Burns

The skin might appear red without blisters. But within a few days, the burn can heal even without hospitalization.

Second-Degree Burns

They are characterized by thickening of the skin or blistering. Victims usually experience lots of pain and might need skin grafts.

Third-Degree Burns

This type of burn damages every layer of the skin. You might notice severe skin thickening and a white, leathery appearance. The severe scarring could need skin grafts.

Fourth-Degree Burns

The damage here extends beyond the skin. It affects the bones, tendons, and muscles and can be fatal in some instances. And if you survive this degree of burn, it might be necessary to get skin grafts.

Fifth-Degree and Sixth-Degree Burns

These types of burns damage your bone, ligaments, tendons, muscle tissue, and skin layers. If you are lucky to survive these burns, you might have to amputate the body part that got affected.

When Do I Need an Attorney?

Your health and recovery should be prioritized when you get a burn injury. And while you recover, an Edinburg burn injury lawyer should advise you and assist in seeking compensation. Remember, you need someone that understands the ins and outs of the Texas state laws.

Having a legal expert by your side can ease the mental burden of the victims because they can address specific issues related to the case. Additionally, you won’t have to pay any money up-front. They will only get their pay if you win the case, and the contingent-fee agreement clarifies everything and brings certainty.

How Much Can I Recover if I File Within the Timeline?

If you file on time, you can receive compensation in Texas. However, the amount of damages might reduce if you contributed to the accident that caused the burn injury. The modified comparative negligence rule is usually applied.
Other factors that determine how much you might get in compensation include:

  • Whether the burns will leave a lasting scar or disfigurement that can affect you emotionally
  • Your age
  • Your lost earning capacity and wages, based on your education level or occupation
  • Whether the burns can affect your loved ones or spouse
  • Whether it prevents you from doing stuff, you enjoyed doing before the accident
  • Whether you will ever fully recover
  • The body part that got burnt
  • The severity of the injuries

The ideal way to find out how much you might recover is to consult with an experienced burn injury attorney in Edinburg, TX. Remember that every burn injury claim is different.

Passionate Representatives Fighting for the Rights of Injury Victims

It might be challenging to make decisions when unsure of the time you have to get things done. And missing a deadline as important as the one related to your burn injury compensation can be devastating.

Experienced attorneys understand legal timelines that determine whether you get or miss out on compensation. Talk to Chris R. Brasure today to inquire about the possibilities of your case in the Edinburg area.

By Brasure Law Firm, PLLC