News of Chief John Davis of Nueces County Emergency Service District 3 being injured while battling a brush fire in Bishop last month reminds us that Texas wildfires destroy more than property.
It should also serve as a reminder that firefighters injured on the job can obtain workers’ compensation to cover their medical bills and loss of income while recuperating. And when authorities determine that a person or persons are responsible for a brush fire, those injured by the fire may seek restitution for property damages or personal injury they have suffered.
The personal injury attorneys of Herrman & Herrman, P.L.L.C., in Corpus Christi take pride in our many successes in obtaining compensation for injured clients. Through our knowledge of Texas law dedication to the unjustly injured, we have had a positive impact on the lives of thousands of clients and their families in South Texas. If you have been injured by a brush fire that was caused by negligence or misconduct, please contact us at (361) 882-4357 to discuss your legal options.
Brush Fires and Wildfires in Texas
The National Fire Protection Association says brush and forest fires account for almost one-quarter of fires handled by local municipal or county fire departments in the U.S. The term “brush fire” describes a fire involving low-growing plants, such as bushes, shrubs and grass. A brush fire or forest fire that is not under control is referred to as a “wildfire.”
Wildfire statistics published by the Insurance Information Institute show that Texas is second only to California in the estimated number of properties at extreme wildfire risk. The 717,800 properties at risk in Texas far outnumber the 371,100 in No. 3 Colorado.
According to estimates, more than 4.5 million U.S. properties are at high to extreme wildfire risk – and 2 million of them are in California.
In 2019, a total of 6,892 wildfires burned 215,493 acres in Texas, the Insurance Information Institute says. That makes Texas No. 2 in the nation behind California for number of fires and No. 5 for number of acres burned.
Wildfires affect Texas farms and ranches, damaging and destroying homes, barns, agriculture production facilities, crops and livestock, says Texas A&M’s AgriLife Extension Disaster Education Network. Much of this damage can be avoided, or at least minimized, if a few precautions are taken to minimize the risk and spread of wildfires.
Nearly 85 percent of wildfires in the United States are caused by people, according to the U.S. Forest Service and the III.
The National Fire Protection Association (NFPA) says in a September 2018 report that the major causes of brush and forest fires battled by local fire departments were:
- Intentional (arson) – 19%
- Open fire for waste disposal – 14%
- Smoking materials – 10%
- Electrical power or utility line – 10%
- Garden tools or agricultural equipment – 5%
- Lightning – 4%
- Playing with heat source – 4%
- Prescribed burns – 4%
- Fireworks – 4%
- Rekindled fire – 4%
- Shop tools and industrial equipment, including torches – 3%
Brush Fire Injuries
From 2011-2015, local fire departments responded to an estimated average of 306,000 brush and forest fires per year, an average of 840 fires per day, the NFPA study says.
From 2007-2016, a total of 44 local firefighters were fatally injured as a result of brush or forest fires or prescribed fires. Just over half of the deaths occurred while fighting the fires and the others occurred while firefighters were responding to the incidents or returning to their fire station as a result of motor vehicle accidents.
Uneven surfaces, including holes in the ground, were factors in 20 percent of the injuries at brush and forest fires. Exhaustion or fatigue, including heat exhaustion, was blamed in 10 percent of injuries.
How a Personal Injury Attorney Can Help
Personal injury claims are based on the legal responsibility that people have to act with reasonable safety so as not to endanger others. When someone violates that legal duty of care or acts contrary to what is reasonable and causes injuries to someone, the injured individual may seek compensation for their losses.
For example, a property owner conducting a controlled burn may be held liable if he or she fails to exercise reasonable care and the fire causes injury or damage to someone else’s property. The same standard of reasonable care and negligence would be applied to a party or parties responsible for injuries in other fires caused by accident or intention if the responsible party could be determined.
The burn injury attorneys of Herrman & Herrman, P.L.L.C., provide personalized legal representation for people in Corpus Christi and surrounding areas who have been injured by others’ carelessness or disregard for safety. We also help workers who have been injured on the job obtain full workers’ compensation benefits.
Our legal team would work to identify who was responsible for a brush fire that injured you and find any insurance coverage they held that could be applied to a claim. We would calculate all of your losses to ensure that our demand for compensation reflected the full extent of your burn injury losses.
In personal injury lawsuits in Texas, you may seek compensation for:
- Medical expenses
- Lost income
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages, additional compensation to punish a defendant for outrageous behavior that led to injury.
In property damage claims, Texas requires that the person claiming loss prove that he or she has experienced financial damage and that they had no ability to prevent the damage.
Once our investigation is complete, we submit a demand letter to the insurer, which outlines our case and evidence, as well as the compensation our client is due. If we cannot negotiate a settlement acceptable to our client, we can file a lawsuit and pursue the matter in court.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
