Burn Injury Compensation and Lawsuits
If you or a family member have been seriously burned because someone was negligent, it is in your best interest to consult an attorney experienced with these claims—a proven law firm that knows how to win.
Our Burn Injury Attorneys Understand Your Pain
At The Kemmy Law Firm, we know that the suffering you are going through following a burn injury is only made worse by medical debt, lost income, loss of companionship, and the total disruption of your daily life.
You may also be dealing with an insurance company or your employer not taking your burn seriously, denying coverage, or trying to pay less than you need. We are here to inform you of your rights and fight for all the compensation you deserve.
The Kemmy Law Firm protects burn victims, and with over five decades of combined trial experience, we have secured millions of dollars for injured persons and their families.
To talk with an experienced attorney about what comes next, call (830) 264-6297 and schedule a free consultation. You owe nothing unless we win for you.
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
Burn injuries in Odessa — An Overview
Burns can occur in any number of situations, including accidents caused by negligence, carelessness, or intentional misconduct. When someone else causes your catastrophic injury, you deserve compensation for all the pain and suffering you go through. An experienced burn injury attorney can help you prove fault and get the money you deserve so you can get back to your life.
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Types of Burn Injuries
Burns are damage to your body tissue due to heat, chemicals, electricity, or radiation. Scalding injuries are caused by hot liquids and steam. Another related injury is smoke inhalation, caused by breathing toxic substances.
There are three types of burns:
- First-degree burns – Damage to the outer layer of skin
- Second-degree burns – Damage to the outer layer and the layer underneath
- Third-degree burns – Damage to the deepest layer of skin and tissues underneath
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Effects of Burn Injuries
Burns can cause swelling, blistering, scarring, shock, and even death in severe cases. They can also lead to serious infections because of the damage to your skin’s protective layers.
In many cases, the full impact of a burn cannot be determined right away. Even if you think your burn is not serious, you should seek medical treatment. It can get worse over time and may become infected, causing your condition to become even worse.
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Treatment for Burns
Treatment for burns depends on the cause of the burn, how deep it is, and how much of the body it covers. Antibiotic creams can prevent or treat infections. For more serious burns, treatment can require skin grafting, IV fluids, antibiotics, and pain management.
When you go to the emergency room or see a medical provider, they will first evaluate the severity of your burn.
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First-Degree BurnsIf it is a first-degree burn, you may be prescribed a topical treatment or antibiotics. You will not likely have to spend time in the hospital for a first-degree burn unless it covers the majority of your body.
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Second-Degree Burns
For second-degree burns, you will likely need topical creams or ice packs, and you may need hydration therapy to make sure you do not become dehydrated. If the skin is torn or severely blistered, you may need special wound dressings to protect the internal layers of your skin.
If a significant amount of your body is covered in burns, you may need to stay in the hospital for one or more days.
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Third-Degree BurnsThird-degree burns pose serious risks to your health. You will need antibiotics and pain management right away. You may also need surgery to reconstruct the skin that was damaged. The faster you can get treatment, the less scarring you will have and the better chance you have of recovering quickly.
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"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P. -
"What surprised me most was the immediate help and desire to help."For my Hispanic compatriots, I would like to share my experience with the Kemmy Law Firm. What surprised me most was the immediate help and desire to help. They provided me with the steps that, as you will understand, are often complicated to achieve my goals.- Carlos L.
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"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P.
Proving Negligence in a Burn Injury Claim
The plaintiff in a burn injury case needs to show the following elements of negligence:
Negligence is a legal theory used in personal injury legal actions like burn injuries.
The injured party has the burden of proving that the defendant is legally responsible.
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DutyIt must be proven that the defendant owed the plaintiff a legal duty or obligation. That means they were responsible for what happened. For example, an inspector might be required to ensure a piece of equipment meets safety standards.
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Duty was BreachedThe plaintiff must prove that the defendant breached their legal duty through negligent actions or inaction. For example, if the inspector skipped over a dangerous piece of equipment and did not ensure it met safety standards, they breached their duty.
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Breach Caused the AccidentYou must show that the breach of duty by the defendant was the cause of the accident. For example, the lack of inspection must have led to the accident in which you were burned.
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HarmTo recover compensation, you must prove that you suffered harm. The accident itself must have resulted in your harm, and you must have had losses as a result. If you were burned in the accident, this proves actual harm.
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Comparative Negligence
Often in accident cases, both sides disagree on who’s at fault and by how much. In Texas, there is a modified comparative fault rule that follows a 51% bar rule. The plaintiff can’t recover compensation if they are found to be 51% or more at fault for causing the accident. If the defendant is proven more at fault than the plaintiff, recovery will be reduced by the share of the plaintiff’s fault.
For example, if a jury decides a plaintiff is 30% at fault and there are $100,000 in damages, the plaintiff’s recovery will be $70,000.
New Mexico follows a different system called pure comparative negligence. A plaintiff can recover from a defendant whatever share of fault the defendant is responsible for. If the plaintiff’s share of the blame for the accident is a third, they can recover two-thirds of their total damages.
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Obtaining a Fair Settlement Offer
The Kemmy Law Firm will present many factors to the insurance company so they understand how your injury has impacted your life.
Factors to consider in a burn injury settlement negotiation are:
- How much of your body was burned
- How much pain and suffering you endure
- Whether there will be permanent scarring, and if so, how much will be publicly visible
- Whether there were serious complications, such as infections, that caused setbacks
- If there are permanent physical limitations, how they will impact the enjoyment of your life and ability to make a living
- What psychological harm has been done
- Your expected future medical needs
Burn Injury Lawsuits and Trial Preparation
If the insurance company denies your claim or refuses to make a reasonable settlement, then you may be forced to file a burn injury lawsuit. It’s important to work with a lawyer throughout this process. You will have to draft many legal documents with specific language to prove you deserve to win your case.
Discovery Process
Part of the litigation process is discovery. During this process, both parties evaluate the critical facts, which can help move the settlement process along. Both sides ask each other questions in writing exchange documents and information under oath.
Constant Communication
The Kemmy Law Firm will keep you updated about your case at every stage. Communication between our legal team and clients is of the utmost importance. You can call or email us at any time, and we will respond as quickly as possible.
Kemmy Law Firm serves clients across Texas and New Mexico:
Personal Injury Attorneys in Odessa, Texas
101 N Jackson Ave
Odessa, Texas 79761
Personal Injury Attorneys in Hobbs, New Mexico
1601 N. Turner, Suite 417
Hobbs, NM 88240
Personal Injury Attorneys in San Antonio, Texas
1924 N Main Ave
San Antonio, Texas 78212
