Burn injuries can be devastating. Burn victims experience serious physical harm and the toll these injuries take affects both the victim and their families in psychological and financial forms as well. Moving forward after a catastrophic injury such as a burn often feels impossible. At Winters & Yonkers, we understand this. That’s why our Clearwater Beach burn injury lawyers are here for you. We have a team dedicated exclusively to serious injuries such as burns, and we can provide you with the type of steadfast and knowledgeable representation you require to get the compensation you deserve. Contact us today to schedule a free consultation with a personal injury attorney.
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Causes and Treatment of Serious Burns
Serious accidents are the most frequent source of serious burn injuries. In a collision, trucks, cars, and motorcycles may catch fire or explode. Fires can occur in vehicles due to an electrical or mechanical failure. When buildings burn, dangerous conditions such as faulty wiring may have started the fire.
Invasive and time-consuming medical procedures are necessary to treat burns, no matter what the cause of the burn. Rehabilitation, skin grafts, and surgery stretch out for months or even years. Burn injuries may cause a physical injury that can never be corrected. Since burns cause severe injury to tissue and nerves, amputations and disfigurement are common.
Burn Injury Accident Liability
A personal injury claim can be filed against the party who caused the burn injury and accident. Burn victims can recover damages when a defendant’s liability is proven. Claims are based on the legal theory of liability. In most cases, negligence is found to be the cause of the accident.
Negligence is defined as a failure under a particular set of circumstances to exercise reasonable care. Three points must be made to win a case based on ordinary negligence:
- A duty of care by the defendant must be proved by the victim.
- That duty of care must be shown to have been breached.
- Finally, the injuries and damages claimed by the victim must have been caused by that breach.
For example, motorists in Florida must use the same level of care to avoid injuries to themselves and others as a reasonably prudent driver would. If a driver’s speed is too fast during bad weather or if the driver does not yield, then that duty of care has been breached if a crash occurs. The burn victim must show that the failure to exercise that care caused the injuries because of the crash.
A negligence per se claim is filed when violations of laws enacted to specifically protect certain groups of people from harm of a particular type are violated. In these cases, the only requirement for winning a case is to show that the defendant caused the accident and to lay out the damages when the victim is a member of that group, and the defendant violated that statute. Negligence per se claims can be filed after a drunk-driving accident.
Dangerous products can sometimes cause burn injuries. If a product defect makes that product unreasonably hazardous due to a design or manufacturing defect, the manufacturer may be held strictly liable for product injuries. Proof of the defective nature of the product combined with proof that the product was in a defective condition when it left the control of the manufacturer is required from the victim.
Effect on Compensation of Comparative Negligence
In some cases, the argument that the burn victim is partially responsible for the injuries is made by the defendant. However, damages can still be recovered when the victim files a claim. Even if a victim is found to carry more than half of the responsibility for an accident that caused injuries, Florida state law permits recovery, unlike other states. Recovery is determined based upon the percentage of responsibility that the defendant has for the accident. For example, 40% of the total damages can be recovered if the defendant is 40% negligent.
Injury victims in Florida have four years from the accident’s date to file a claim. Compensation for medical costs including rehabilitation and surgeries, pain and suffering, and lost wages are considered recoverable damages.
Contact a Clearwater Beach Burn Injury Lawyer
With over 50 years of collective legal expertise, the personal injury attorneys at Winters & Yonkers have the experience to handle complex legal cases in the North Tampa area. We can help you recover compensation for your burn injuries. For a free initial consultation, contact us online or call our office at