FAQs: Burn Injury Lawyer in Texas

Q: Who can sue for a burn injury?

A: If someone else’s negligence was responsible for your burn injury, then you have the right to sue for damages. There are a multitude of circumstances that would be cause to file a claim for damages. Some examples are: another person handling a dangerous chemical that is spilt on you, someone else’s actions start a fire and you are burned by that fire whether on your property or theirs, or even by a defective product that creates a hazard which you are burned by.

Q: Where does liability lie for a burn injury?

A: Liability depends on the particular facts and circumstances of the accident in which the burn injury occurred. Possible defendants could be the manufacturer of a defective product, an individual that mishandles chemicals causing chemical burns, a business or proprietor who does not provide safety precautions in a fire emergency and the guests are burned because they had a difficult time escaping, or a homeowner or arsonist who does not provide escape routes in an emergency or starts a fire with intent to cause damage or harm.

Q: What if I was partly at fault for the accident, which caused my burn injury?

A: Generally it depends on the percentage it is determined after an investigation that you were at fault. If you were at fault less than 50 percent, then it may be possible for you to bring a claim. Whatever damages are then awarded would be reduced by the percentage you were at fault.

Q: Are experts necessary to prove liability and damages even though my burn injuries are so obvious?

A: Expert testimony is necessary in any injury case, including burn injuries. In addition to your injury, you must also prove that it was someone’s negligence that caused the fire and it was the negligent fire that caused your injuries. Experts help make the connection between all the information for the judge or jury and can be additionally beneficial to the case in terms of their detailed explanation of the injuries.

Q: Is the existence of insurance coverage important?

A: Insurance coverage is very important. Individuals and businesses can be deemed “judgment proof” which means you would not be able to collect anything from them unless they have insurance, even if the judgment was made against them. Even if you have a valid claim against an individual or business for damage that was caused to you by a fire that they were responsible for, insurance coverage is the only possible way you will be able to recover anything from them financially.

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