Posted in Personal Injury on April 15, 2020
Burn injuries are common reasons for personal injury insurance claims and lawsuits in Texas. Burns are the damage or destruction of the skin’s tissues due to contact with a dangerous element, such as a source of thermal, electrical, chemical or radiation energy. The degree of the burn describes its severity. If you have a second-degree burn injury from an incident in San Antonio, your employer or another party may owe you compensation.
Find out how much your burn injury claim might be worth with help from a lawyer. Click to contact us for a free consultation.
What Are Second-Degree Burn Injuries?
Most medical professionals sort burn injuries into three degrees. A first-degree burn only affects the uppermost layer of skin, the epidermis. It typically does not lead to blistering. A second-degree burn affects tissues deeper down, in the dermis. Second-degree burn injuries often cause blistering and can form scars. There is a higher risk of infection with second-degree burns due to the possibility of an open wound. A third-degree burn can affect layers past the dermis, including the layers of fat, muscle and bone. It is important to see a doctor for a second- or third-degree burn, as well as any first-degree burns that are large or on a vulnerable area such as the face.
What Are the Most Common Causes of Second-Degree Burn Injuries at Work?
Workplace accidents can easily lead to worker burn injuries in the wrong circumstances. Professionals who are the most prone to burn injuries in the Texas workplace include construction workers, oil and gas workers, electricians, chefs, and mechanics. Common causes of second-degree burns at work include fires, explosions, scalds, steam, caustic chemicals, electrical components, exposure to radiation, unsafe premises, defective products, poor worker training, and lack of safety gear and worker protection. After a workplace burn injury, you may have grounds for a workers’ compensation insurance claim and/or a personal injury lawsuit depending on the situation.
Factors That Inform the Settlement Amount of a Second-Degree Burn Injury
If someone else contributed to the cause of your burn injury, that party may owe you compensation. In Texas, civil law enables you to file a claim to damages against a party that negligently or intentionally gave you physical or emotional injuries. The value of your case will depend on many different factors.
- Whether you file a workers’ compensation claim vs. personal injury lawsuit
- The severity of your second-degree burn injury
- Whether the burn will leave scarring or disfigurement
- How the burn injury affected you mentally or emotionally
- How much work you had to miss during burn injury recovery
- Your income level at the time of the injury
- The price of your related medical expenses (past and future)
- Your amount of pain and suffering
Find out if you have a case by consulting with a lawyer. A lawyer can assess your burn injury to search for signs of negligence. If your employer negligently failed to train you in how to use a dangerous piece of equipment, for example, and you have a second-degree burn injury as a result, you could seek damages from the company you work for in the form of a settlement.
What Damages Can Be Claimed in a Burn Injury Lawsuit?
In Texas, state law permits you to claim both economic and non-economic types of damages. In your initial settlement demand letter, you can list losses such as medical bills, property damages, lost wages, lost quality of life, pain and suffering, and legal fees as compensable damages. Your lawyer can help you calculate your losses and demand a fair amount from one or more defendants. Calculating a logical figure can help you achieve positive results for your claim.
Do I Need an Attorney for a Burn Injury Claim?
You do not have to handle your second-degree burn injury claim alone. A burn injury lawyer in San Antonio can help you navigate the facts and details of your case for the best possible outcome. The right burn injury attorney could help you identify the defendant, calculate your damages, file a strong demand letter and negotiate for fair financial recovery on your behalf. An attorney can also represent you during a burn injury trial, if necessary. Use our online contact form or give us a call today to book a free case consultation.