Did you suffer a burn injury in an accident? Was it due to someone’s negligent actions? Do you want to pursue compensation and hold the at-fault party liable for their wrongdoing? If so, you should contact the Houston personal injury attorneys of Kherkher Garcia, LLP for a free initial consultation.
Burn injuries can cause permanent damage. You’re not only dealing with physical pain but with the emotional costs of a devastating accident. An accident like this can lead to psychological harm, such as post-traumatic stress disorder, anxiety, and depression. Severe burns may require surgery and skin grafts, both of which could leave scarring or disfigurement. It can be traumatic to go through this experience, especially when the accident was something the at-fault party could have prevented.
When reckless companies and individuals cause accidents or contribute to scenarios that lead to burn injuries, they should be held liable. You should not be responsible for the medical expenses you incur while recovering. They should provide the necessary compensation so you can afford your prescriptions, doctor bills, surgical costs, and other expenses. At Kherkher Garcia, LLP, our Houston burn injury lawyers are ready to be your advocate and fight for the maximum financial award available.
Call us at (713) 333-1030 for a free consultation and learn more about how we can help.
- Why Should I Hire an Attorney After Suffering a Burn Injury?
- Why Hire Kherkher Garcia, LLP?
- Types of Burn Injuries
- Burn Injury Cases Kherkher Garcia, LLP Can Handle
- Common Causes of Burn Injuries
- Compensation Available in a Burn Injury Case in Texas
- Seeking Compensation from a Lawsuit
- Take Immediate Action Following a Burn Injury
- Burn Injury Frequently Asked Questions
- Contact Us
Why Should I Hire an Attorney After Suffering a Burn Injury?
Pursuing full and fair compensation in a burn injury case can be challenging if you’ve never handled an insurance claim or lawsuit before. These cases are complex and require following specific state laws, deadlines, and procedures. If multiple parties are responsible for the accident, everything becomes more complicated. Filing a claim against the incorrect person or company could delay the process or make you miss out on the money you need to compensate for your losses.
A knowledgeable and skilled Houston burn injury attorney can take on each step on your behalf so you can focus on healing your injuries and getting your life back on track. We can investigate the accident, evaluate all existing factors, and determine the monetary award you deserve. We’ll file an insurance claim with the at-fault party’s insurance company or pursue a lawsuit, depending on the circumstances of your case. When the time comes, we can negotiate for an adequate settlement. If the insurance company refuses to settle for the amount we believe you deserve, we can move forward with a lawsuit.
When you’re working with Kherkher Garcia, LLP, you won’t have to worry about communicating with the insurance adjuster or completing confusing paperwork. Anyone could overlook a deadline or forget to provide certain information on forms if they don’t have a legal team by their side to walk them through everything. When you retain our services, we can keep track of all the details so you don’t miss out on the money owed to you by the insurance company.
Additionally, Kherkher Garcia, LLP can speak with your doctors and debt collectors to inform them that you’re involved in a claim and need to wait for a settlement to pay them. We can also work with various experts and obtain their statements to improve your chance of receiving the compensation you need. Most accident victims don’t know about these resources and the rights afforded to them.
Why Hire Kherkher Garcia, LLP?
With over 100 years of combined experience, our Houston burn injury attorneys will fight by your side until the end of your case. At Kherkher Garcia, LLP, we believe in providing our clients with unmatched customer service. You’ll receive one-on-one attention from start to finish of the legal process. When you first meet with us, we will get to know you and the specific circumstances of the accident to find a way to meet your needs. You’re a priority to us, and we will not place our interests above yours.
Kherkher Garcia, LLP has the skills and dedication to work on challenging cases involving burn injuries. Proving fault isn’t always easy. It could require an in-depth knowledge of state laws and collecting evidence that might be hard to find. We’re familiar with handling cases like yours. You can feel confident knowing we’ll treat your situation with compassion and care. We know what it takes to win and won’t give up without a fight.
Our team is available 24/7 to speak with you. Many law firms can’t handle their call volume and take days to return their clients’ calls. We make sure someone can always pick up the phone to discuss the status of your claim or address any concerns you may have. We know the importance of staying in contact with you while we’re pursuing compensation. We will regularly communicate with you about the available legal options and provide our opinion on the best way to handle your case.
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Types of Burn Injuries
Most people suffer from minor burns at least once in their lives. These injuries typically heal without much medical intervention. However, even if you make a full recovery, you could suffer from the emotional effects of being in an accident.
Burn injuries fall under four classifications, depending on the severity. They are:
- First-degree burn – This type of injury causes minimal damage to the skin. It’s also referred to as a superficial burn. It can cause some pain, redness, and minor inflammation to the outer layer of the skin.
- Second-degree burn – Second-degree burns are a bit more severe than first-degree burns because they can damage layers of skin below the top layer. Blisters might appear that burst, and scabs can form over the wounds.
- Third-degree burn – The burn damage extends to every layer of the skin. The outer layer of skin might appear leathery or stiff. Most people think that third-degree burns are painful. However, severe nerve damage could prevent the victim from feeling any pain.
- Fourth-degree burn – Burn injuries to this degree are the most traumatic. They damage the skin and extend to the bone and muscles beneath. Many people require skin grafting to heal and are often left with permanent scars or disfigurement. Some people die from wound infections.
Various complications can arise from burn injuries. It’s particularly dangerous if you don’t seek immediate medical care. The most common complications include:
- Difficulty breathing – Burns from explosions and fires often go hand in hand with lung damage or respiratory issues due to smoke inhalation.
- Chronic pain – Burns that don’t heal entirely or adequately can result in chronic pain. Ongoing remedies might be necessary to manage permanent symptoms.
- Psychological damage – Anxiety, depression, and post-traumatic stress disorder are common effects of burn injuries. It’s especially traumatic if the victim is left with a disability or visible scarring.
- Joint and bone problems – Damage to muscles, skin, and tendons can cause loss of mobility. Physical impairments and disability result from severe damage that disrupts the body’s normal function.
- Infections – Sepsis and bacterial infections can travel through the body, causing life-threatening medical issues. Organ failure and even death could occur.
- Scarring – Permanent and significant scars can form following severe burn injuries. Third and fourth-degree burn patients often require surgery or grafting that leaves the skin permanently damaged.
The Houston burn injury attorneys of Kherkher Garcia, LLP understand the devastation of being in an accident that results in burns. You’re faced with painful treatments, expensive medical bills, and financial strain. It’s a serious emotional burden to bear when the accident was something the negligent party could have prevented. Fortunately, there are options for recovering and putting the pieces of your life back together as well as holding the at-fault person liable.
Burn Injury Cases Kherkher Garcia, LLP Can Handle
We have over 30 years of experience helping burn victims obtain compensation in a range of different personal injury cases. It doesn’t matter how your burn injury happened or who caused it. If someone else was at fault, we could help. We put forth the same amount of effort for every case, big or small. Even if you sustained a minor burn, we will aggressively seek the compensation you need to pay for your treatment.
Below are the most common types of cases we take involving burn injuries:
- Dangerous products
- Car accidents
- Premises liability
- Trucking accidents
- Construction accidents
- Workplace accidents
- Offshore and oil rig accidents
- Motorcycle accidents
- Bicycle accidents
If you suffered burn injuries in one of these or another type of accident caused by someone else’s negligence, you should contact Kherkher Garcia, LLP to explore your options. We can review your case and decide on the best course of action to take to recover compensation for you.
Common Causes of Burn Injuries
Many scenarios can lead to burn injuries. Some people suffer burns from fires breaking out in their apartment buildings. Others might sustain burns from hot coffee or while handling hazardous chemicals at an oil refinery. The circumstances of the accident will likely determine the severity of your injury and whether you require emergency medical care.
The most common causes of burns are:
- Motor vehicle accidents – During a collision, one or multiple cars can catch fire. Occupants trapped inside the vehicle could suffer burns from direct contact with the flames. In other situations, motor oil or another hot liquid could spill, causing severe injuries.
- Thermal burns – Touching something hot increases the temperature of the skin, destroying skin cells. Scalding coffee and hot metals are common examples.
- Fires – Building fires or house fires due to faulty wiring or a cooking accident can cause different types of burn injuries, depending on the amount of contact with flames and steam. There’s also a risk of inhaling smoke, causing damage to the lungs.
- Chemical burns – Detergents, acids, and other kinds of liquids can damage the outermost layer of skin and even injure the nerves and tissue below.
- Explosions – Massive explosions on construction sites and oil refineries can burn anyone in the path of the blast and cause additional injuries from flying debris.
- Electrical burns – Exposure to electricity or an electrical current can damage the skin, tissue, and even organs. Some electrical burns are so severe that they can result in death.
- Radiation burns – Exposure to different forms of radiation, such as an x-ray or the sun, can lead to radiation burns.
- Defective products – Defects in certain products, such as those with electrical components, can malfunction, overheat, or cause a fire.
- Cold burns – Frostbite is a typical example of cold burn injuries. It results from prolonged exposure to freezing temperatures or touching something cold.
Some burns don’t require medical intervention. Many times, all you need to do is rest and heal at home. However, severe and life-threatening burn injuries need surgery, skin grafting, and other types of treatment to heal. Some victims become disabled and can no longer perform their jobs or daily tasks. It’s a significant source of stress if you can’t earn a living. You may worry about the financial implications of undergoing expensive medical procedures.
At Kherkher Garcia, LLP, our Houston burn injury lawyers dedicate the necessary time and effort towards holding people accountable for their wrongdoing. You suffered enough because of someone else’s negligent actions. You should not be forced to pay for your expenses when the accident wasn’t your fault. We will be your advocate during this traumatic ordeal and fight for the justice you deserve.
Compensation Available in a Burn Injury Case in Texas
Burn injuries, especially debilitating ones, have consequences that can last a lifetime for the victim. If you’re faced with years of agonizing physical therapy, pain management, and other medical intervention, you’ll need compensation for those costs. Burns that result in permanent disability prevent victims from earning a living or taking care of themselves. When that happens, you should have the financial means to afford household assistance, replace your lost income, and pay for ongoing medical expenses.
At Kherkher Garcia, LLP, our legal team knows the importance of recovering the maximum available compensation from the at-fault party. If you had no part in causing your injuries, you shouldn’t be left with any bills to pay for yourself. The insurance settlement or monetary award you receive in a lawsuit should be enough to compensate for your total losses.
These losses might include:
- Past and future medical bills
- Physical impairment or disfigurement
- Loss of household services
- Damage to personal property
- Mental anguish
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of consortium
The amount of compensation you’re awarded will depend on various factors. Kherkher Garcia, LLP knows how to maximize the value of a case and will aggressively pursue the money you’re owed to cover your past and future losses. Some factors that might contribute to the monetary value of your case are:
- Duration of medically necessary treatment
- The emotional impact of the accident
- Time missed from work
- Availability of evidence proving negligence
- Type and severity of the injury
- Length of the recovery period
- Permanent disability or impairment caused by the injury
- Total expenses incurred from the incident and the estimated future cost of treatment
- Psychological effects of the injury
- Disruptions to your daily routine, such as the inability to care for family or to have to cancel vacations
When you hire Kherkher Garcia, LLP, your Houston burn injury attorney will immediately investigate the accident to determine who was at fault and how much insurance coverage is available to pursue. We can file a claim on your behalf and negotiate with the insurance company for a settlement we believe is fair.
Unfortunately, insurance adjusters place their interests above the interests of burn injury victims. They want to save money for the insurance company they represent and will do whatever it takes to find valid reasons to deny your claim or offer a lowball settlement. If they refuse to settle for an adequate amount of money that covers your losses, we can file a lawsuit and fight them in court.
Seeking Compensation from a Lawsuit
If you want to sue someone for causing your burn injuries, it’s vital that you understand the difference between a civil case and a criminal case. Civil cases aim to recover financial compensation for the victim. The civil court system handles these lawsuits. Criminal cases are the result of the state pressing charges against the at-fault party. If the jury convicts them of the offense, they could end up facing fines, imprisonment, and other penalties.
Texas has a two-year statute of limitations for burn injury cases. That means you have a two-year timeframe from the accident date to sue the negligent individual or business for compensation. This is a strict deadline. If two years pass and you attempt to file suit anyway, the court will likely dismiss your case.
The only exception to this rule is if you were 18 years old or of unsound mind when the accident happened. If one of these circumstances exist, you could potentially delay the two-year statute. The clock on this timeframe would not start again until you turn 18 or become mentally competent.
Other than the monetary losses you may be eligible to recoup in an insurance claim, you might also be entitled to exemplary damages during a lawsuit. Instead of compensating you for your medical bills, lost wages, and other losses, it punishes the defendant for their misconduct. A jury will only award exemplary damages if you can prove with clear and convincing evidence that the at-fault party acted with malice, gross negligence, or fraud.
During a lawsuit, the jury will review the facts of the case and assign fault to each party involved in the accident. If they determine that your actions contributed to your burn injury in any way, they could diminish the value of your case. Proportionate responsibility allows juries to reduce the victim’s compensation by the percentage of fault they share for the accident.
For instance, let’s say your losses totaled $100,000. Under normal circumstances where the defendant is 100 percent at fault, you would be entitled to a total of $100,000 in compensation. However, if the jury finds that you were 20 percent to blame, you could only seek up to $80,000 for your losses.
Take Immediate Action Following a Burn Injury
You might be in shock after an accident. Explosions, fires, and other scenarios that cause burns can be disorienting, scary, and overwhelming. If you don’t know how to handle the situation, you could make a mistake that causes you to miss out on the monetary award you need to heal. It’s imperative that you follow specific steps to protect your rights and secure your future.
After suffering burns in an accident, the first thing you should do is to see your doctor or go to the hospital. This should happen the same day as the accident. If you wait weeks before your initial appointment, the insurance company could use that as evidence that your injury isn’t serious and offer an inadequate settlement. The first doctor you see might recommend that you follow up with other healthcare professionals for ongoing treatment. That could include physical therapy, surgery, medications, or imaging tests. Follow their orders and continue with your treatment until you recover or your physicians release you from their care.
You should also hire a Houston burn injury attorney within days of the accident. The sooner you seek legal representation, the sooner your lawyer can begin preparing your case. Kherkher Garcia, LLP does not want you to have the extra responsibility of handling the legal aspects of an insurance claim or lawsuit while you’re also attempting to recover. We can relieve that burden and complete every step of the process so you can focus on your health.
Maintain records during your case and provide us with copies. If you receive letters from the insurance company, written prescriptions from your doctors, medical bills, or other documentation related to the accident, don’t throw them away. Although we have the resources to obtain all the necessary evidence for your case, it would be helpful to forward anything you have to us. This is vital because you might forget details about your case, and a document you saved can inform us of the necessary information.
Burn injury victims sometimes make errors that lead to a denied insurance claim or minimal compensation. You should avoid these common pitfalls, so you don’t do or say something that negatively impacts the outcome of your case:
Don’t admit fault for the accident. Admitting any amount of responsibility for your injury could result in reduced compensation. During a lawsuit, the jury could determine that you share a percentage of fault for the accident and diminish your monetary losses by that amount.
Don’t speak with the insurance adjuster. If someone from the insurance company reaches out to you about your claim, inform them that you hired an attorney and give them our contact information. They might ask you questions about the accident, your injuries, and other factors associated with the case. You might think it's helpful talking to them, but a seemingly innocent conversation is most likely the insurance adjuster’s effort to discover details that could work in their favor.
Don’t sign anything unless you talk to your attorney first. There are various documents you’ll need to complete and sign during an ongoing case. However, the at-fault party’s insurance company might send you forms that you’re under no obligation to sign. It could be an authorization allowing them to request your medical records or a waiver that gives up your right to hold their policyholder liable for the accident.
Kherkher Garcia, LLP can guide you through the aftermath of an accident and provide the support you need to overcome any challenges you face. You can depend on us to be there for you when you need us and work hard to achieve your goals.
% of Burn Center Admissions for Scalding by Year
Death Rate from Fires and Burns per 100,000 People
Burn Injury Frequently Asked Questions
Burn injury victims often struggle in the aftermath of an accident. It’s a confusing and overwhelming time in your life, and you might not understand your rights or the legal process you’re facing. If you don’t know the steps you should take or how to hold the at-fault party accountable for what they’ve done, you likely won’t be able to recover the maximum available compensation.
At Kherkher Garcia, LLP, we want you to know what to expect during your case and the best way to handle what’s coming. We have answered the most common questions we receive from clients, so you can prepare yourself for the legal battle ahead.
If your burn injury resulted from someone else’s negligence or carelessness, don’t hesitate to contact Kherkher Garcia, LLP to represent you in your case. You deserve the opportunity to hold the at-fault party liable and pursue the compensation you need to heal and move forward with your life.
Call us at (713) 333-1030 today for a free consultation with one of our Houston burn injury lawyers.