Burn Injuries Attorney in Odessa, Texas

Burn injuries are often incredibly painful and life-altering. In Odessa, Texas where the oil industry, construction, and other high-risk jobs are prevalent, burn injuries are, unfortunately, a common occurrence. 

The legal professionals at The Law Office of Steve Brannan are committed to helping protect your rights after suffering a burn injury. Located in Odessa, Texas, we serve clients throughout West Texas, including Midland, Big Spring, Pecos, and Andrews. Reach out to us today to schedule a consultation.

Understanding the Severity of Burn Injuries

Burn injuries range in severity from minor first-degree burns to life-threatening third-degree burns. These injuries can affect the skin, muscles, nerves, and even bones, often resulting in permanent scarring, disfigurement, or disability. 

The physical and emotional impact of burn injuries is immense, and the road to recovery is often long and expensive. Common medical treatments may include surgeries, skin grafts, rehabilitation, and extensive care.

Texas Personal Injury Law

West Texas is unique when it comes to personal injury law, especially for burn injuries that occur in high-risk industries such as oil and gas. Texas law requires that negligence be proven for a successful personal injury claim, and understanding these legal challenges is no easy task. 

Whether the burn injury was caused by an accident at work, a car accident, or a defective product, we'll work to establish fault to help recover damages.

Proving Negligence in Burn Injury Cases

Proving negligence is a critical element of any burn injury case. This requires showing that another party, whether an individual, employer, or manufacturer, acted carelessly or failed to take reasonable precautions, leading to your injury. 

For instance, in cases involving workplace burns, negligence might involve improper safety protocols or equipment failures. Here’s how negligence is proven in burn injury cases:

• Duty of Care: The first step in proving negligence is establishing that the defendant had a legal duty of care toward the injured party. For example, an employer has a duty to provide a safe work environment, and a manufacturer must confirm their products are free from defects.

• Breach of Duty: It must then be shown that the defendant breached this duty by failing to act as a reasonable person would under similar circumstances. In burn injury cases, this might involve improper safety protocols, equipment failures, or failure to address known hazards.

• Causation: The plaintiff must demonstrate that the breach of duty directly caused the burn injury. This requires showing that the defendant's actions (or lack thereof) were the primary cause of the accident and resulting injury.

• Damages: Finally, the plaintiff must prove that they suffered actual harm as a result of the defendant’s negligence. This includes medical expenses, lost wages, pain and suffering, and other financial or non-economic damages related to the burn injury.

Calculating the Cost of a Burn Injury

Burn injuries often come with substantial financial costs. These can include the following: 

• Medical Expenses: The immediate costs of treating burn injuries are significant and may include emergency care, surgeries (such as skin grafts), hospital stays, medications, and ongoing treatments like physical therapy. Long-term medical needs, including reconstructive surgeries or rehabilitation, also factor into the calculation.

• Lost Wages and Diminished Earning Capacity: Burn injuries often require time off work for recovery, leading to lost wages. In more severe cases, the injured party may experience reduced earning capacity if they're unable to return to their previous job or face limitations in future employment opportunities.

• Future Care Costs: Severe burns may require long-term care, including home health care, psychological therapy, or chronic pain management. These future costs must be accounted for when calculating compensation.

• Non-Economic Damages: Pain and suffering, emotional trauma, disfigurement, and loss of quality of life are all considered non-economic damages. These intangible costs may have a profound impact on the victim’s life and are factored into the overall compensation.

• Punitive Damages: In cases where the personal injury was caused by particularly reckless or negligent behavior, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.

An experienced personal injury attorney can help you calculate the cost of a burn injury, verifying that a settlement or verdict is pursued that covers both current and future expenses.

Steps for Dealing with a Burn Injury

Gather Evidence to Strengthen Your Case

These personal injury cases require strong evidence for the following key reasons:

• Proving Liability: To hold the responsible party accountable, it must be demonstrated that their negligence caused the burn injury. Strong evidence, such as safety reports, accident documentation, and witness statements, is essential in establishing that the defendant failed to uphold their duty of care.

• Establishing Causation: Burn injury cases often involve intricate circumstances, especially in industrial or product liability cases. Strong evidence is needed to clearly link the defendant’s actions or inactions to the specific cause of the burn injury, preventing the opposing party from shifting blame.

• Calculating Damages: Burn injuries can lead to extensive medical treatments, long-term rehabilitation, and emotional trauma. Detailed medical records, professional testimony, and financial assessments help accurately quantify both economic and non-economic damages to determine compensation.

• Countering Defense Tactics: In many cases, insurance companies or defendants may try to minimize the extent of injuries or dispute the cause of the accident. Having strong evidence helps counter these tactics by providing a clear, documented narrative of the injury and its impact.

• Supporting Long-Term Claims: Severe burn injuries can result in future medical needs and diminished quality of life. Strong evidence, including professional medical opinions, is crucial in proving the long-term effects of the injury and securing compensation for ongoing care and future damages.

An attorney may take on the responsibility of gathering and preserving evidence, working with medical professionals and other professionals to strengthen your case. This allows you to focus on your recovery while your attorney builds a compelling case to support your claim.

File the Claim With Your Insurance Company

After suffering a burn injury, a claim needs to be filed with the insurance company or the liable party’s insurer. However, dealing with insurance companies can be challenging, as their primary goal is to minimize payouts. 

They may attempt to offer a low settlement that doesn’t fully cover medical costs or lost wages. Worse, they might deny the claim altogether, leaving limited options.

Negotiate a Fair Settlement

Many personal injury cases with burn injuries are settled out of court, but achieving a fair settlement often requires skilled negotiation. Insurance companies and defense attorneys may try to settle for as little as possible, and without legal representation, a person could be pressured into accepting a low offer. An experienced burn injury attorney may negotiate aggressively to help secure what compensation is possible.

Texas Statute of Limitations

In Texas, there is a statute of limitations for filing personal injury claims, including burn injury cases. In Texas, you have two years from the date of the injury to file a lawsuit. Missing this deadline may result in a case being dismissed, leaving you without legal recourse.