Burn injuries can present themselves as one of the most devastating incidents and injuries that a victim can suffer from. Burn injuries leave their victims suffering from psychological, physical, and even financial burdens. The Elfers burn injury lawyers at Winters And Yonker know just how difficult it is to move on after suffering from these severe injuries.
At Winters And Yonker, our Elfers injury attorneys are here to provide you with the support that you need to deal with the injuries of your accident. Our team of professionals is 100% committed and dedicated to providing the relevant knowledge needed during your time of need as you seek legal representation.
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Victims Suffering From Serious Burns In Florida
Burns often result from some of the most serious accidents in history. When motorcycles, trucks, or cars explode or become inflamed, they injure the ones that they collide with. In some instances, electrical or even mechanical failure can cause motor vehicles to combust and injure anyone around.
However, besides the cause of the injury, burns usually require some very invasive procedures that are quite time-consuming. In several instances, surgeries, skin grafts, and even rehabilitation is needed and takes a long time. Recovering from these injuries can easily leave victims suffering for months and even years.
After having procedures done, there is still a chance that persons may never recover from their burn injuries. Additionally, amputation and disfigurement are also common for burn victims since some burns damage nerves and tissue.
Liability For Burn Injury Accidents
Victims of burn injuries can file personal claims against the responsible party. However, they must first prove that the defendant is liable before they can recover their damages. Victims need to make their claims based on legal liability theory. In most accidents, this is simply negligence.
Negligence is better known as the failure of the responsible party to provide proper care under the circumstances. Claims based on regular negligence show that the defendant had a duty of care and failed the duty of care. Hence, the victim suffered from injuries and damages.
From a simpler point of view Elfers, Florida, motorists have a duty of care that a reasonably prudent driver should use to prevent injuries to themselves and others. This duty of care is breached when the driver fails to stop or drives over the limits in bad weather and causes a crash. In essence, the victim is responsible for showing where the defendant failed to exercise proper care and caused the injuries.
Claims can be based on negligence if the defendant is in violation of laws that were created to protect specific groups of persons from specific types of harm. If the victim has proof that the defendant has violated any statutes protecting those like him, he is only required to provide the cause as well as the damages. One classic example of this is a drunk driving accident, and the victim can use negligence as the liability theory.
Additionally, burn injuries can also be caused by several dangerous products. In the case of manufacturers defects, products become dangerous beyond reason. Hence, the manufacturer is liable for any injuries caused. However, victims still need proof of how the product was defective and that it was defective even after it left the manufacturers compound.
How Does Comparative Negligence Affect Compensation
In almost any accident case, the defendant argues that it was part of the victim’s fault that they suffered from burns. Victims are still able to file a successful claim where they can recover the damages. The state of Florida allows victims to recovery even if they are over 50% at fault for their own injuries.
Victims are able to recover to the point where they did not cause the injury. If a victim is found to be 60% negligent and the defendant takes the remaining 40%, the victim can successfully claim for up to 40% of the damages from the defendant.
Injury victims in the state of Florida are legally able to file for up to four years after the date of the accident. Victims are able to recover damages such as medical expenses, rehab, surgeries, suffering, pain, and even lost wages.
Representing Elfers Burn Injury Victims
The lawyers at Winters & Younker have decades of legal experience to handle your burn injury case. Thus far, we’ve successfully dealt with many complex personal cases within North Tampa and others. So if you or a loved one has suffered from a burn injury, call us and for a free consultation session today!