Yes. Compensation in a Texas personal injury claim can include reasonable and necessary reconstructive surgery caused by a burn injury, including future procedures supported by medical evidence. Recovery depends on establishing another party’s legal responsibility and documenting your treatment needs.
A severe burn can affect your life long after the initial wound closes. Scarring may restrict movement, cause discomfort, or change your appearance. When you are considering a settlement, the likely cost of continued treatment deserves careful attention.
When Can Reconstructive Surgery Be Included in a Burn Injury Claim?
Reconstructive surgery may be part of your claim when it treats damage caused by the burn. This can include procedures you have already undergone and surgery you will reasonably need in the future.
The connection between the injury and the procedure matters. Medical records should explain what the surgery addresses, why your doctor recommends it, and how it relates to the accident. For medical expenses already incurred, Texas law generally limits recovery to amounts actually paid or incurred on your behalf, rather than every amount appearing on an original bill.
An insurer may question whether a proposed procedure is necessary or characterize it as cosmetic. However, treatment that addresses burn-related disfigurement should not automatically be dismissed because it also improves appearance. We can use your surgeon’s findings to explain the procedure’s purpose and support its inclusion in your claim.
What Reconstructive Procedures Might a Burn Survivor Need?
Your treatment plan depends on the burn’s depth, location, and lasting effects. Reconstructive procedures may include:
- Skin grafting: Transferring healthy skin to cover damaged areas.
- Scar revision: Treating scar tissue to improve appearance, reduce discomfort, or improve flexibility.
- Contracture release: Releasing tight scar tissue that restricts movement, sometimes using skin grafts or flaps.
- Tissue expansion: Gradually expanding healthy skin so it can be used in reconstruction.
For example, tight scarring across a joint can interfere with walking, dressing, or using your hands. Reconstructive treatment may help address these limitations, while rehabilitation supports recovery. Your medical team determines which approach is appropriate for you.
How Are Future Reconstructive Surgery Costs Calculated?
Future surgery costs must be supported by evidence that you will probably need the treatment and what it will reasonably cost. Texas courts do not require an exact prediction, but a claim cannot rest on speculation.
We can work with your treating surgeon to explain the need for future procedures and their expected benefits. When appropriate, testimony from medical professionals and a life care planner can help establish your care needs and projected expenses. We gather evidence of:
- Recommended procedures and their expected timing
- The likely need for multiple operations
- Surgeon, facility, and anesthesia charges
- Follow-up appointments, medication, and wound care
- Physical or occupational therapy after surgery
The estimate should also account for your recovery. If surgery means more time away from work or temporary help with daily activities, we can assess those related losses as part of your claim.
What Other Burn-Related Losses Can Compensation Address?
Reconstructive surgery may represent only part of your damages. Depending on your circumstances, a claim may also include emergency care, hospitalization, rehabilitation, lost income, and reduced future earning capacity.
Burn injuries can also cause physical pain, mental anguish, lasting impairment, and disfigurement. These losses require their own documentation. Photographs, medical evaluations, and specific examples of changes in your daily life can help show how the injury affects you.
Tell your providers about the difficulties you experience, including discomfort, limited movement, and emotional symptoms. Keeping records of treatment expenses and missed work can also help us evaluate your claim.
Why Should You Understand Future Treatment Before Settling?
Burn scars change as they mature, and the need for further treatment may become clearer over time. Your surgeon may recommend waiting before certain procedures or planning reconstruction in stages.
A settlement generally resolves the claims covered by its release, including future losses. You ordinarily cannot seek additional payment from the released parties simply because treatment later costs more than expected. Reviewing your likely care needs before signing helps you assess whether an offer adequately accounts for them.
You do not necessarily need to finish every procedure before resolving your case. You do need a medically supported understanding of what lies ahead.
Make Your Future Care Part of Your Claim
At Hernandez Sunosky, LLP, we help injured people in the Houston area document the full effects of serious accidents. We can investigate responsibility, gather medical evidence, and pursue compensation that accounts for anticipated reconstructive treatment and other losses.
Before accepting a burn injury settlement, contact us for a free consultation. Let us help you evaluate your options and build a claim that reflects your ongoing recovery.