Severe burns around Longview come out of the oil and gas operations, chemical processing, refinery work, and construction that make up the industrial corridor around the city, and out of post-collision fires in car and big truck wrecks across Gregg County. Burn patients are taken to CHRISTUS Good Shepherd Medical Center on East Marshall Avenue or to Longview Regional Medical Center on North Fourth Street, and the complex cases transfer to the UT Southwestern Medical Center Burn Unit in Dallas. Inside the city limits the Longview Police Department writes the incident report; outside them it is the Gregg County Sheriff’s Office. A Gregg County burn suit is filed in the Gregg County District Courts, the 124th, 188th, and 307th, at the courthouse at 101 East Methvin Street. Trey Morris Injury Lawyers requests the incident report and the burn-center admission and transfer records, and sends preservation letters for the surveillance footage, the site incident reports, and the equipment involved. Those letters go out once there is an honest basis for a claim, because moving promptly, within what the law permits, is how that proof gets kept and gathered. The footage and the site reports show how the fire started and what safety steps were skipped, and the equipment itself can show the defect or failure that caused the burn.
Texas law governs the claim, and it is the same in Gregg County as in every other county. A Longview burn injury is a two-year filing under CPRC Section 16.003(a), and a claimant found 51% or more at fault under CPRC Chapter 33 recovers nothing. Trey Morris Injury Lawyers values that catastrophic injury from burn-center records.
Burn Degree Classification and What It Means for Your Case
Burn injuries are classified by depth, and depth determines everything: treatment, recovery time, permanent damage, and the legal value of the claim. Understanding the classification helps you understand why your case is being valued the way it is.
First-degree burns damage only the outer skin layer. Redness, minor pain, no blistering. These rarely produce injury claims on their own. Second-degree burns penetrate into the dermis, causing blistering, intense pain, and significant infection risk. These can produce serious claims when they cover substantial body area or involve the face, hands, or feet.
TBSA
Total Body Surface Area. The standard burn medicine metric that measures what percentage of the body’s skin surface was burned. Greater than 20% TBSA is classified as a major burn and typically requires burn center admission.
Third-degree burns destroy the full thickness of the skin, including nerve endings. The skin turns leathery or waxy. Third-degree burns do not hurt at the wound site because the nerves are gone. They require skin grafting and produce permanent scarring. These are major claims. Fourth-degree burns extend to tendons, muscle, and bone. They are life-threatening and frequently require amputation. A fourth-degree burn covering a significant TBSA percentage is among the most catastrophic injuries the legal system encounters.
The TBSA percentage is not just a medical number. It directly affects hospitalization length, surgical requirements, and how economists calculate lifetime medical costs. The damages calculation requires more than adding up hospital bills.
Misclassification and Treatment Errors
Burn depth can be difficult to assess in the first 48 hours. A third-degree burn may initially appear to be second-degree. If a burn is undertreated based on a misclassification, the wound can deteriorate and the outcome worsens. Medical negligence claims can arise from undertreated burns, in addition to the underlying injury claim. If you believe your burn was misclassified or undertreated, that is a separate issue worth raising with your attorney.
Medical Treatment: Burn Centers vs. General Hospitals
Good Shepherd Medical Center in Longview handles acute burn cases, and where your burns were treated affects both your medical outcome and your legal claim. Complex burns, or those meeting American Burn Association referral criteria, may transfer to regional burn centers such as the UT Southwestern Medical Center Burn Unit in Dallas. The American Burn Association guidelines define specific burn center referral criteria. Those criteria include burns covering more than 10% TBSA partial thickness, any full-thickness burn, burns to the face, hands, feet, or genitalia, and electrical or chemical burns. Any burn with suspected inhalation injury also meets the threshold. If your injuries met those criteria and you were not transferred to a burn center, that treatment gap may be relevant to your case.
Debridement
The surgical or mechanical removal of dead, damaged, or infected tissue from a burn wound. It is a painful procedure performed multiple times during recovery to prevent infection and allow healthy tissue to form. Each debridement session is a discrete billable medical procedure.
Debridement is one of the most painful procedures in medicine. It is documented in medical records as a recurring procedure with its own cost basis. This matters for economic damages calculations because future debridement sessions are foreseeable and calculable.
Skin grafting uses skin taken from another part of the patient’s body to cover burned areas. Split-thickness and full-thickness autografts are the two primary types. The donor site creates a second wound with its own pain and scarring, which adds to the injury count in a damages analysis. Large burns typically require multiple grafting surgeries over months or years.
Inhalation injury is present in many serious burn cases, particularly fires in enclosed spaces. Carbon monoxide poisoning and airway swelling can require mechanical ventilation. Inhalation injury increases the risk of mortality by 20 to 40 percent and complicates every subsequent surgical procedure. Medical records will document inhalation injury specifically. If it is present, it should be captured in the damages analysis.
Long-term care for serious burn survivors includes occupational therapy, scar management through compression garments and silicone sheeting, steroid injections, reconstructive surgery, and psychological counseling. Major burns routinely produce lifetime medical costs exceeding seven figures. Documenting future care requires economist testimony based on a life care plan developed by a medical professional. Life care planners are a standard tool in serious burn litigation.
How Burn Injuries Happen: Liability by Cause
The legal theory that applies to your case depends on how the burn occurred. Different causes involve different defendants, different standards of proof, and different insurance structures.
Motor vehicle accidents that result in fire involve auto liability coverage and may also involve product liability if the fuel system failed defectively. Post-collision fires, fuel line ruptures, and motorcycle road contact with hot pavement are all documented burn injury mechanisms in traffic accidents. Car accidents and big truck accidents in Gregg County are handled by Gregg County District Court, the same venue that hears burn injury claims arising from those events.
Non-subscriber
A Texas employer that has opted out of the workers’ compensation system under Tex. Labor Code Section 406.002. Non-subscribers lose three key legal defenses: contributory negligence, assumption of risk, and the fellow servant doctrine. Employees of non-subscribers can sue for negligence directly without the workers’ comp limitation on damages.
Workplace fires and explosions are common in East Texas given the concentration of oil and gas operations, chemical processing, refinery work, and construction in the region. Texas workers’ compensation law is the only state system that allows private employers to opt out entirely. If your employer is a non-subscriber, your ability to recover is substantially stronger than under a standard workers’ comp claim. If your employer carries workers’ comp coverage, you may still have a third-party claim against the entity responsible for the hazardous condition.
Chemical burns from industrial acid exposure, cleaning product contact, or agricultural chemical spills can produce deep tissue damage even without visible flames. Strict liability may apply to certain hazardous substance releases under Texas law. Defective products, including faulty wiring, gas appliances, lithium battery failures, and children’s clothing that does not meet flammability standards, produce burn injury claims under Texas product liability law (CPRC Chapter 82).
Premises liability burn cases involve inadequate fire suppression systems, blocked emergency exits, missing sprinklers, or unmarked hazardous conditions. Texas law imposes a duty of ordinary care on property owners toward invitees, which includes a duty to inspect for and correct known dangers. Electrical burns from exposed wiring, downed power lines, or arc flash at work sites cause internal tissue damage that is not visible from the skin surface. The absence of visible injury does not mean the injury is minor.
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
When Can You Claim Exemplary Damages in a Texas Burn Case?
Exemplary Damages
The Texas term for what is often called punitive damages. Exemplary damages are separate from compensatory damages and are available under CPRC Section 41.003 when the defendant’s conduct was fraudulent, malicious, or grossly negligent. The purpose is deterrence, not compensation.
Texas law allows Exemplary Damages in burn cases where the defendant’s conduct went beyond ordinary negligence.
Under CPRC Section 41.003, exemplary damages require clear and convincing evidence of fraud, malice, or gross negligence. Gross negligence means an act or omission that involved an extreme degree of risk and where the defendant had actual, subjective awareness of the risk but proceeded anyway.
An industrial facility operator who receives multiple OSHA safety violation notices and fails to correct the conditions before a fire injures workers is a candidate for gross negligence. An employer who sends employees into a space with a known ignition hazard without protective equipment is a candidate for gross negligence. In those situations, the exemplary damages argument changes the entire settlement calculus. The defendant’s maximum exposure is no longer limited to compensatory damages.
The cap under CPRC Section 41.008 limits exemplary damages to the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000. This cap applies to negligence-based claims. It does not apply to certain intentional torts.
Proving Liability: Evidence in Burn Cases
Burn cases require expert-driven liability investigation. Physical evidence degrades. Records get destroyed or overwritten. The window for effective evidence gathering closes quickly.
The fire marshal’s investigation report is the most important third-party document in a burn case involving a structure fire. State Fire Marshal’s Office reports identify cause and origin and are admissible as evidence. OSHA investigation records for workplace fires document whether prior violations existed and whether the employer had actual notice of hazardous conditions. Prior citations are direct evidence of gross negligence awareness. Obtain OSHA records under a Freedom of Information Act request as early as possible.
Product recall history is relevant when a defective appliance, vehicle component, or industrial equipment caused the fire. If a product involved in your accident was subject to a prior recall that the manufacturer, retailer, or owner failed to address, that failure strengthens a product liability claim significantly. Building inspection records and fire code compliance documentation are the primary evidence in premises liability burn cases. If a property lacked required sprinklers or had blocked exits, that is per se evidence of a code violation.
Spoliation
The destruction or alteration of evidence after a party has notice of pending or likely litigation. Courts can instruct juries to draw an adverse inference against the party responsible for destroying the evidence.
A written preservation demand goes to any party who controls relevant evidence. Surveillance video from the scene is typically overwritten within 30 days. Incident reports prepared by the at-fault party’s own employees are frequently critical evidence and must be preserved before they are edited or discarded.
Fire and explosion cases require cause-and-origin investigation before the scene is disturbed. In the industrial corridor along the Longview area, these accidents often occur at facilities with ongoing operations that need the site cleaned up and returned to service. Your attorney brings in an independent fire investigator to document the scene and the physical evidence. Witness statements from coworkers, bystanders, and first responders establish the sequence of events and the conditions present before the fire started.
Expert witnesses in serious burn cases include a fire cause-and-origin specialist, a burn medicine specialist to address injury classification and treatment adequacy, and a biomechanical or accident reconstruction expert where mechanism of injury is contested.
Your Longview Injury Attorneys
Founder Trey Morris leads every injury case the firm takes.
Damages in Severe Burn Cases
Texas law allows recovery of both economic and noneconomic damages in burn injury claims. Economic damages are not capped in personal injury cases outside of medical malpractice.
Loss of Earning Capacity
The difference between what an injured person could have earned over their remaining working lifetime and what they can now earn given their injury. This is distinct from lost wages, which covers only past income. Vocational experts and economists calculate loss of earning capacity jointly.
Economic damages include hospitalization costs, emergency room care, ICU stays, and surgical fees for debridement and grafting. They also cover inpatient rehabilitation, outpatient physical and occupational therapy, reconstructive surgery, and future medical care calculated through a life care plan. Burn survivors with visible scarring to the face or functional impairment of the hands face documented employment barriers in many industries. Vocational expert testimony is required to quantify that loss.
Pain and suffering in burn cases is substantial and well-documented. Debridement is consistently described in burn medicine literature as among the most painful procedures patients undergo, frequently requiring sedation. The pain is documented in nursing notes, patient pain logs, and medication administration records. Pain and suffering damages are supported by those medical records, not just by the injured person’s testimony.
Disfigurement is a named damage category under Texas law, separate from pain and suffering. Permanent scarring from third or fourth-degree burns to visible areas of the body produces a recoverable disfigurement claim independent of the other categories. Mental anguish covers PTSD, depression, body image disruption, and social withdrawal documented after visible burn injuries. Psychiatric or psychological expert testimony is required to support a mental anguish award in Texas.
Household services are recoverable when burns impair the ability to perform daily tasks. An occupational therapist calculates the hours and dollar value of household assistance the injured person can no longer provide for themselves or their family. For severe injuries affecting both hands or involving major joint limitations, these costs are significant and recurring.
For wrongful death cases where a burn injury proved fatal, surviving family members may pursue a wrongful death claim under CPRC Chapter 71. Separate survival action damages recover the decedent’s own losses between injury and death. Review our case results for an overview of the types of catastrophic injury cases Trey Morris Injury Lawyers has handled.
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Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.
How Long Do You Have to File a Burn Injury Claim in Texas?
Statute of Limitations
The legal deadline by which a lawsuit must be filed. In Texas, most personal injury claims must be filed within two years of the injury date under CPRC Section 16.003(a). Missing this deadline bars recovery regardless of the strength of the claim.
The two-year statute of limitations under CPRC Section 16.003(a) starts on the date of injury. For most burn cases, that date is clear. For chemical exposure cases where symptoms develop over time, the discovery rule may extend the starting date to when the injury was discovered or should have been discovered through reasonable diligence.
For minors, the statute of limitations is tolled until age 18. A child injured at age 10 has until their 20th birthday to file. For wrongful death claims arising from burn injuries, the deadline is two years from the date of death under CPRC Section 16.003(b).
The filing deadline is separate from the evidence preservation window. Surveillance video is often overwritten in 30 days. Incident reports get revised. Physical evidence at an industrial site gets cleared. The statute of limitations gives you two years to file. Evidence preservation requires action in days, not years. Those two timelines are independent, and both matter.
Frequently Asked Questions
How long do I have to file a burn injury lawsuit in Texas?
What is the difference between a second-degree and third-degree burn for my legal claim?
Can I sue my employer for a workplace burn injury in Texas?
What is TBSA and why does it matter to my case?
What are exemplary damages and when do they apply to burn cases?
Does it matter which hospital treated my burns?
How is pain and suffering calculated for burn injuries?
What should I do immediately after a serious burn injury?
Can I still recover damages if I was partially at fault for the burn accident?
What is the difference between a fire injury claim and a general personal injury claim?
Last updated October 7, 2026
