Everything You Need to Know if You are a Burn Injury Victim
Each year in the United States as many as ten thousand people die from burn injuries and more than two million people seek medical care due to burns. The majority of burn injuries happen to the most vulnerable in the population, namely senior citizens and children.
What are the most common types of burn injuries?
The most common reasons that people are burned in Houston are things like automobile fires, hot liquids, electrical fires, gas explosions, cigarette lights, flammable clothing, chemical burns and house fires. If you are a victim of a burn injury, then it is important to know what you are entitled to and how to get the compensation that you deserve due to something or someone else’s negligence.
What are the various types of burn injuries?
There are three different categories that define burn injuries:
- First degree burns are those that are superficial, and they do very little but make the skin red. These burns can usually be treated at home.
- Second-degree burns are burns that destroy the epidermis layer of the skin and are very painful, but can usually be treated without extreme measures.
- Third-degree burns result in multiple layers of the skin being destroyed. The treatment for third-degree burns is typically extensive, involves skin grafting and is extremely painful and disfiguring.
You may be entitled to compensation depending on how severe the burn was and the intensity of your medical treatments.
Who is responsible if you are burned in Houston?
A claim due to burn injuries can be assessed according to something called the legal theory of negligence. Negligence means that someone either did something that directly led to your burn injury, or that they failed to do something, and it was that failure to act that led to you being burned. There are four elements that you have to prove to be compensated for your burn injury:
- The person from which you seek compensation from had a duty of care to you
- They person caring for you breached that duty of care
- Your injuries are real
- Your injuries are a direct cause of the person from whom you are seeking compensation
First, you need to know who or what caused your injury. Burn injuries are typically caused by manufactured equipment. For example, if you are burned by a water heater, then the company who manufactured the water heater might be liable for your burn injuries. There are times when people can be held responsible such as a trainer, health or safety inspector, product retailer and distributors or work supervisor.
What type of financial help is available to those who are the victim of a burn injury?
Depending on what type of burn you sustain and how it happened, you might be entitled to:
- Workers’ compensation
- Personal injury compensation
- Health insurance reimbursement
What does workers’ compensation cover?
If you are injured while working and can prove that you were engaged in activities related to your employer, then you might be able to collect workers’ compensation. If you file a claim for workers’ compensation, you might be eligible to have your medical costs and lost wages covered. Workers’ compensation, in most instances will not cover noneconomic damages such as pain and suffering.
Will my health insurance cover a burn injury in Houston?
If your health insurance covers your burn injury, it will cover the cost of your medical bills only. You will not be compensated for any noneconomic damages, lost wages or resulting disabilities.
What if I can prove negligence?
If you can prove that you sustained your burn injury due to the negligence of something or someone else, then you might have reasonable cause to file a personal injury suit. If you can show that there was negligence, then you might be entitled to collect money to cover both economic and non economic damages. In egregious cases, you also might be entitled to punitive damages, which are meant to punish those who are negligently responsible.
If you are a burn victim in Texas, it is imperative that you consult a Houston burn injury attorney to review your case. They will know how to get you the compensation you deserve and what type of lawsuit would best fit your case.