Burn injuries are some of the most devastating harm that a person can endure. In addition to pain and suffering, a victim of burn injuries may experience substantial emotional anguish as well as scarring and disfigurement. Burns are classified in three degrees: first, second, and third, with third-degree burns being the most serious. All types of burns are traumatizing to an accident victim. If you have been harmed in the Dallas area because of someone else’s negligence, the injury attorneys at Feizy Law Office can help you pursue the full range of compensation available.Pursuing Damages through a Texas Negligence Claim
You have two years from the date your burns were sustained to bring a personal injury lawsuit. However, in most cases, it is important to consult an attorney right away. This is because evidence can be lost over time, and memories of witnesses may fade. If you are burned in a demonstration at a high-end cooking store, for example, you might have strong evidence of negligence in the form of a videotape, but this videotape may be recorded over within a week or two.
In a personal injury lawsuit based on negligence, you would need to prove four elements by a preponderance of the evidence:
- The defendant's duty of care towards you;
- The defendant's breach of that duty;
- Actual and proximate causation; and
- Actual damages.
A breach of duty sometimes may be more easily proven by using the doctrine of negligence per se. This doctrine applies if a defendant has violated a statute that was designed to protect a class of people to which the plaintiff belongs and the violation causes the plaintiff's injuries and resulting damages.
It is important to sue all parties whose negligence may have caused your burns. This is because in Texas, unless a defendant is more than 50% responsible or acts intentionally in concert with another to cause harm, a defendant will only be responsible for his or her share of a damages award. If a defendant is 25% responsible for your burn injuries and the total damages are $100,000, you can only recover up to $25,000 from that defendant.
Both economic and noneconomic damages may be available to burn accident victims when the injuries are caused by another's negligence. These damages often include medical bills, lost wages, disfigurement or scarring, vocational rehabilitation, mental anguish, and pain and suffering.
In some cases, exemplary or punitive damages may be awarded to punish a defendant or defendants for their wrongful conduct. You would need to show a defendant's fraud, malice, or gross negligence in order for the court to award these damages.Consult a Knowledgeable Injury Attorney in Dallas
Burn accidents are serious, and the costs of treatment, including skin grafts for scarring, can be expensive. If you suffer burn injuries because of somebody else's negligence, or a loved one suffers a tragic wrongful death, it may be important to retain a Dallas lawyer who can present your case in a powerful way to show the extent to which you have suffered. Call Feizy Law Office at (214) 651-8686 or contact us via our online form. We represent accident victims in cities throughout Texas, including Arlington, Fort Worth, Plano, Garland, and Irving.