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Frequently Asked Questions about Fire Loss

Q: What legal options are available to someone who has been injured in a fire?

A: Depending on the facts of the situation, someone suffering personal injuries and burns in a fire may bring a personal injury lawsuit. Recovery for fire loss related personal injuries is frequently pursued under the legal theories of negligence and product liability.

Q: What if a fire victim dies?

A: It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in a fire subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit. Every state has a law permitting an action when someone causes the wrongful death of another. If a person with a personal injury claim dies from unrelated causes, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

The United States has one of the highest fire injury and death rates in the industrialized world. Burn injuries are second only to motor vehicle accidents as the leading cause of accidental death in the United States. On average in the United States someone dies in a fire nearly every 2 hours, and someone is injured every 23 minutes.

Houston, Texas, Fire Injury Attorneys

You may be entitled to receive significant compensation for damages following an injury or property damage caused by a fire. The personal injury law firm of Fibich, Hampton & Leebron, LLP in Houston, Texas, is ready to help you protect your rights. Our lawyers invite you to learn more about fire injuries and fire loss claims. Contact our offices in Houston, Texas, to schedule a free consultation about your fire loss or accident claim.

Fire Loss - An Overview

The United States has one of the highest fire death and injury rates in the industrialized world. Burn victims and their families endure extreme physical and emotional trauma at the time of injury, during treatment, and after recovery, if any. When fire kills, family members may have to deal with the horrifying nature of the death. Any personal injury claims for burns and deaths caused by fire present complex legal and factual questions. The best chance of obtaining compensation for all the losses you and your family have suffered is in obtaining the guidance of an attorney from Fibich, Hampton & Leebron, LLP in Houston, Texas experienced in all aspects of fire investigation and recovery.

Claims for injuries and losses caused by fire are usually brought under the legal theories of negligence or product liability. Negligence is the legal term for the failure to do or not do what a reasonable person would, in a similar situation, to protect others from foreseeable risks. Building owners, landlords, architects and even firefighters have been held legally responsible for fire losses because of negligence. Product liability refers to the legal responsibility placed on manufacturers and sellers of defective products. If it can be proved that a defective product caused a fire, spread the fire, or failed to operate properly to suppress a fire, then product liability may allow recovery against the manufacturer or seller of the defective product. Often catastrophic or large-scale fires involve recovery under both legal theories, particularly when there are multiple injuries or casualties.

When a Child is Burned: Special Considerations

The most tragic fire loss claims involve children. Each year thousands of children suffer serious, life threatening burn injuries. Beyond the heart-rending pain child burn victims endure, children who are burned must also deal with lifelong physical and psychological trauma.

Recovery for personal injuries suffered in a fire is usually pursued under theories of negligence and product liability. In most states injured children receive special consideration and special protection under the law and both theories have special rules that apply to child fire victims. A personal attorney can explain the laws governing injuries to children in your state.

Liability for Fire Damage

A fire is a catastrophe for the owner of a building. Even if no people are injured, and even if the building was not destroyed, the damage can be very expensive and time-consuming to repair. Finding the person or company responsible for the fire and seeing that they are held responsible is an important step in recouping your damages and minimizing your financial loss. Fixing the liability for fire damages is, however, a difficult matter. You need an attorney experienced in fire-related litigation to handle such a complex case.

Who Started the Fire?

Arsonists are not the only ones who set fires. Most fires are not set intentionally, but are started through carelessness. There are countless reasons a fire could start in a building. It could be as simple as a smoker disposing of a cigarette while it still is lit. Cleaning materials or waste paper might have been stored improperly, giving a fire a place to start. Electrical wiring may have worn out, or been installed improperly in the first place. Setting a fire unintentionally is a very easy thing to do. There are almost as many different ways to set a fire as there are fires, and a person who sets a fire negligently may be held liable for some or all of the damage caused by the fire.

Understanding Fire Investigation and Reconstruction

Successful fire loss claims often require that the injured party establish the exact cause of the fire. Experienced fire loss personal injury attorneys work with a wide variety of professionals to help their clients prove the causes and origins of a fire. A qualified fire investigator is a key member of any fire loss investigation team.

Preparing for Litigation: Suggestions for Burn Victims and Their Families

In the days following a fire, a lawsuit is often the last thing on the minds of burn victims and their families. However, there are steps both the fire loss survivor and their family can take to help establish a claim for the losses, pain, and suffering caused by the fire. Understanding the likely course of treatment and having a plan ready for each step along the way will empower all involved and provide true assistance for the long run health and welfare of the entire family. Ultimately, the information you provide your attorney may prove a key element to success in settlement discussions and at trial. An attorney who is experienced in fire loss litigation can facilitate this often difficult process in a timely and effective manner. If you need help pursuing your fire loss claim, call an attorney today.

Accident Information

Where was the burn victim when the fire started? What caused the fire to start? What did the smoke or flames look like? In a serious burn case the injured person may be unable to answer these critical questions immediately after the fire. Depending on the level of trauma, the burn victim may never be able to recall exact details. For that reason, the testimony of eyewitnesses is often crucial to establishing key facts leading up to the fire.

Fire Loss Resource Links

The Phoenix Society for Burn Survivors
Popular resource site for burn survivors, their friends and loved ones, firefighters, medical professionals, and anyone that has been affected by the devastation of burn injuries.

Burn Survivors On-Line
Comprehensive, full information and service site for burn survivors and their families.

Medline-Burns
Service of the United States National Library of Medicine and United States National Institutes of Health provides comprehensive links menu.