If a severe fire, chemical exposure, or electrical accident injured you, you have certain rights and protections in Texas. This includes the right to seek compensation for all injuries caused by someone else's negligence.
However, having rights and actually enforcing them are two different things. Burn injury cases involve complicated medical projections for future care, debates over liability, and defense teams determined to minimize what you are owed. This is where Calderon Law Firm steps in.
As Houston burn injury lawyers, we know how to protect the rights of burn survivors. Our firm handles the legal process, including the statutes, evidence, and negotiations, so you can focus on healing.If you have a question about your potential claim, call us immediately at 346-999-5673
Why Choose Calderon Law Firm?
A Foundation of Aggressive Advocacy
Calderon Law Firm was founded by Jose M. Calderon, a Houston native, to give injured individuals a better option for legal representation. Before launching the firm, Jose Calderon worked at established Texas personal injury firms, but he left to do things his own way. This means prioritizing direct attorney access and trial-focused representation over a high-volume model where clients rarely speak to their actual lawyer.
As the first-generation son of Mexican immigrants, Jose understands the value of hard work and relentless dedication. He brings that same ethos to every case, fighting for the rights of injured Houstonians against corporations and insurance companies.
Recognized Leadership & Track Record
By his second year of practice, Jose was named to The National Trial Lawyers’ “Top 40 Under 40.” He has also been selected to the Texas Super Lawyers Rising Stars list annually since 2020, an honor limited to fewer than 2.5% of attorneys statewide.
This recognition is a product of his willingness to take on difficult and high-profile cases, including being among the first to file suit for victims of the Astroworld tragedy. His comfort in the courtroom extends to appellate advocacy, having argued before the Texas Tenth Court of Appeals.
Our philosophy is straightforward: if we take your case, it is because we believe we will win it. And we won’t hesitate to take it to the courts if that’s what it takes.
Bilingual Representation & Local Accessibility
Our office is conveniently located at 6750 West Loop South in Bellaire, right at the intersection of the I-610 loop and the Southwest Freeway (US-59). This places us minutes from the Texas Medical Center and The Galleria, making our firm easily accessible to clients across the Houston metro area.
Jose Calderon is fluent in Spanish, and our firm proudly offers fully bilingual representation to serve Houston’s diverse communities. We believe clear communication is fundamental to trust. That is why our clients text our office with questions and expect prompt, transparent updates on their cases.
Our Guarantees to You
- 100% Free Consultation: We will review your case at no cost and with no obligation.
- Contingency Fee Basis: You pay no attorney's fees unless we win your case. We take on the financial risk so you focus on your recovery.
- Direct Attorney Access: When you hire Calderon Law Firm, you work with Jose Calderon. You get personalized attention from your trial attorney, not just support staff.
Recovering Compensation for Severe Burn Injuries
Burn injuries are physically devastating and financially crippling. The cost of surgeries, skin grafts, physical therapy, and long-term care quickly exhausts savings and insurance limits. We pursue the maximum compensation available under the law to cover every aspect of your loss.
Economic Damages: Covering the Cost of Care
This category covers your direct financial losses, both present and future. It is designed to make you financially whole again. We work with medical and economic professionals to calculate the full extent of these costs, which typically include:
- Past and Future Medical Bills: This includes everything from the initial emergency room visit to future procedures like skin grafts, debridement, and reconstructive surgery.
- Rehabilitation Costs: Compensation for physical and occupational therapy needed to regain mobility and function.
- Lost Wages and Earning Capacity: If your injury forced you to miss work or prevents you from returning to your previous job, we pursue compensation for lost income and diminished future earning potential.
Non-Economic Damages: The Human Cost
These damages compensate for the intangible, personal losses that do not have a precise price tag but are just as real. Texas law recognizes the immense human toll of severe burns, which includes:
- Pain and Suffering: Burns are uniquely painful injuries, and the recovery process is grueling. This suffering has real monetary value in Texas.
- Mental Anguish and PTSD: Survivors of fires, explosions, and electrical shocks frequently experience psychological trauma.
- Disfigurement and Scarring: Texas law allows for compensation specifically for the psychological impact of permanent scarring and disfigurement.
Punitive Damages
In some cases where the at-fault party's conduct was exceptionally reckless or malicious—a concept known as gross negligence—you may be awarded punitive damages. This is a separate category of compensation intended not to repay your losses but to punish the wrongdoer and deter similar conduct in the future.
An example might be an employer who knowingly ignored federal safety regulations, leading to an explosion.
Comparative Fault in Texas
Insurance companies may try to argue that you were partially to blame for your own injuries to reduce their payout. Texas follows a 51% bar rule. This means if you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation. Even if you are found 50% at fault, your compensation is cut in half. Our job is to protect you from any unfair blame.
How Do Burn Injury Claims Work?
Who Can Pursue a Claim?
Burn injuries happen in a wide range of circumstances, and each points to different liable parties:
- Workers burned in industrial accidents, explosions, or chemical exposure incidents
- Occupants of buildings where fires started due to negligent maintenance or code violations
- Consumers injured by defective products—space heaters, electronics, batteries, appliances
- Car accident victims burned in post-collision fires or fuel tank explosions
- Residents harmed by gas leaks caused by utility company negligence
- Bystanders injured by construction site accidents or chemical spills
Burn injuries often do not have a single cause or a single responsible party. A workplace explosion might involve a negligent contractor, a defective piece of equipment, and a property owner who ignored safety violations—all at once.
Reporting and Investigation Requirements
The reporting obligations depend on how your injury occurred.
Workplace burns must be reported to your employer immediately. Serious injuries—hospitalizations, amputations, loss of an eye, or fatalities—require your employer to notify OSHA within specific timeframes. If they fail to do so, that failure itself becomes evidence of negligence. Request copies of any incident reports your employer files, and document if they pressure you not to report or to downplay what happened.
If a defective product caused your burn, preserve the product exactly as it is. Do not throw it away, return it to the manufacturer, or allow anyone to inspect it without your attorney present. File a report with the U.S. Consumer Product Safety Commission. This creates a public record and may reveal that others have been injured by the same product.
For burns resulting from building fires, the local fire marshal will conduct an investigation. Request a copy of their report as soon as it's available. If the fire resulted from a gas leak, the utility company will conduct their own investigation. But remember, they're investigating themselves. It’s always worth consulting a lawyer if you suspect negligence.
How Liability and Insurance Coverage Work
Burn injury claims can trigger multiple types of legal liability simultaneously.
- Product liability applies when a defective design, manufacturing flaw, or inadequate warning caused your injury. You don't need to prove the manufacturer was careless—only that the product was unreasonably dangerous. This is strict liability, and it shifts the burden away from you.
- Premises liability applies when a property owner's negligence created the conditions for your injury. Whether it was faulty wiring, blocked fire exits, missing smoke detectors, failure to maintain sprinkler systems, any of these can establish liability against landlords, commercial property owners, or business operators.
- Employer negligence may be pursued if your employer is a workers' compensation non-subscriber, or if a third party (a contractor, equipment supplier, or property owner other than your employer) contributed to your injury. Workers' comp limits your recovery against your own employer, but it doesn't shield anyone else.
- Auto insurance applies when burns result from a vehicle fire following a collision. If the fire was caused or worsened by a defect, such as a ruptured fuel line, a faulty battery in an electric vehicle, the vehicle manufacturer may share liability.
Types of Burn Injuries We Handle
- Thermal Burns: Caused by contact with flames, steam, hot liquids, or hot surfaces.
- Chemical Burns: Resulting from exposure to industrial acids, solvents, or other corrosive materials common in the oil and gas industry.
- Electrical Burns: Occur when an electric current passes through the body, causing severe internal damage that is not visible on the skin's surface.
- Radiation Burns: Caused by exposure to radiation, such as from defective medical equipment or industrial sources.
Severity Classifications
Medical professionals classify burns by their depth, which indicates the extent of tissue damage. This classification is central to your medical treatment and your legal case.
- First-Degree Burns: Affect only the outer layer of skin (epidermis), causing redness and pain.
- Second-Degree Burns: Damage both the epidermis and the second layer of skin (dermis), resulting in blisters, severe pain, and swelling.
- Third-Degree Burns: Destroy all layers of skin and may damage underlying fat tissue. The skin may appear white, black, or leathery. These burns destroy nerve endings, resulting in numbness. Skin grafting is typically required.
- Fourth-Degree Burns: Extend through the skin to damage muscle and bone.
The Statute of Limitations
In Texas, you generally have two years from the date of the injury to file a lawsuit. This is known as the statute of limitations. While two years might seem like a long time, the practical deadline is much shorter. Evidence like surveillance footage, burn patterns, and witness memories is lost quickly. Contact a lawyer as soon as possible to begin an investigation.
Where and How Burn Injuries Occur in Houston
As a major industrial hub, Houston presents unique risks for severe burn injuries. We see burn accidents commonly happen in these scenarios:
- Industrial and Refinery Accidents: The proximity to the Houston Ship Channel and the region’s numerous refineries means a high risk of chemical burns from industrial solvents and thermal burns from explosions.
- Residential and Apartment Fires: We see cases involving landlord negligence, such as failing to install or maintain working smoke detectors, faulty wiring, or defective heating units in older complexes around Gulfton and Bellaire.
- Construction Sites: Electrical burns are common on construction sites, resulting from contact with live wires, malfunctioning equipment, or downed power lines.
- Traffic Accidents: Houston’s major highways (I-610, US-59, and I-45) are corridors for tanker trucks. An accident results in a catastrophic fuel-fed fire or explosion, causing devastating burns to other motorists.
Dealing with Insurance Companies After a Burn
After a difficult accident, you’d expect the insurance company to do the right thing. But to them, your case file is just a number. While they may sound sympathetic, their primary responsibility is to protect their company’s financial interests, which means paying out as little as possible on claims. This creates a fundamental conflict of interest.
Tactics to Watch Out For
In high-value cases like severe burns, adjusters use specific strategies to limit their liability. You should be aware of them.
- The Early Lowball Offer: An insurer may extend a quick settlement offer before the full extent of your injuries is known. You may not yet know if you will need future surgeries or if your scarring will be permanent. Accepting this offer forfeits your right to any future compensation for this injury.
- Delay and Deny: The claims process is long and filled with paperwork. Some insurance companies may deliberately draw out the process, hoping financial pressure will force you to accept a lower settlement as your bills pile up.
- Blame Shifting: The adjuster will conduct a thorough investigation to find any reason to blame you for the accident. As mentioned earlier, Texas's comparative fault laws are used to drastically reduce or eliminate your compensation if they successfully argue you were partially at fault.
Having experienced legal representation from a Houston burn injury lawyer changes this dynamic. We take over all communications with the insurance company, shielding you from making recorded statements or accepting an unfair offer. We build your case with evidence and expert testimony, forcing them to negotiate based on the true value of your claim.
Essential Steps to Take From Home
Your recovery and the protection of your rights are the top priorities, and these steps support that goal.
- Follow Doctor’s Orders Strictly: Your burn recovery is fragile. Attend all follow-up appointments, physical therapy sessions, and wound care treatments. If you deviate from the prescribed treatment plan, an insurance company may argue that you failed to mitigate your damages (i.e., you didn’t take action to improve your condition) and are responsible for your own worsened condition.
- Document Your Recovery: Keep a simple daily journal. Note your pain levels, mobility challenges, and emotional state. This record becomes a powerful account of your suffering. Also, take periodic photos of your injuries as they heal to show the progression of scarring over time.
- Preserve Evidence: If a defective product caused your injury, do not throw it away. If your clothing from the accident was preserved, do not wash it. These items are pieces of physical evidence.
- Maintain Social Media Silence: Do not post photos or updates about your injury, recovery, or daily activities online. Defense attorneys and insurance investigators actively monitor social media accounts to find any evidence (a picture of you smiling at a family gathering, for example) that they will twist to argue you are not as injured as you claim.
- Gather Your Records: Keep all medical bills, discharge papers, and any reports from the fire marshal or police in a dedicated folder. These documents are the foundation of your claim.
Frequently Asked Questions About Burn Injury Cases
Can I sue if the burn happened at work but my employer doesn't have workers' comp?
Yes. Texas law is unique in that it does not require most private employers to carry workers' compensation insurance. These employers are called non-subscribers. If you are injured while working for a non-subscriber, you file a personal injury lawsuit directly against your employer to recover damages for your injuries, pain and suffering, and lost wages.
What if my child was burned at a daycare or school?
Daycares and schools have a duty to provide a safe environment for children. If your child was burned due to negligent supervision, unsafe premises (like accessible chemicals or hot surfaces), or defective equipment, you may have a claim against the facility.
Does the landlord have to pay if my apartment didn't have a working smoke detector?
Under the Texas Property Code, landlords are required to install working smoke detectors in rental units. If a landlord fails to install, inspect, or repair a smoke alarm after being notified, and that failure leads to injury in a fire, they are held liable for your damages.
How do I pay for skin grafts if I don't have health insurance?
We work with medical providers who agree to treat you under a Letter of Protection. A Letter of Protection is a contractual agreement where the provider agrees to wait for payment until your case settles. This allows you to get the necessary medical care now without any upfront cost.
Can I claim compensation for scars even if they don't hurt physically?
Absolutely. Texas law specifically recognizes disfigurement as a form of non-economic damage. Compensation is awarded for the embarrassment, humiliation, and mental anguish associated with living with permanent scarring, regardless of physical pain.
Don't Let the Cost of Recovery Define Your Future.
Burn injuries are among the most expensive and painful injuries a person endures. You should not have to mortgage your future or face financial ruin because of someone else's negligence.
You may be worried about the cost of hiring an attorney, but our contingency fee model means we take on the risk, not you. We only get paid if we successfully recover compensation for you—with a Houston personal injury lawyer advocating on your behalf.
Contact Calderon Law Firm today to start investigating your case. We are ready to listen and provide the guidance you need. Call us now at 346-999-5673 for a free, confidential consultation.