Burn victims suffer through tragic consequences. These injuries devastate the victim and the victim’s family in many ways. Not only does the victim have to suffer through severe physical pain, but they also experience psychological and financial repercussions as a result of the injury. Moving ahead after a catastrophic injury is not an easy task. We understand that at Winters & Yonker P.A. That’s why we have a team dedicated to recovering compensation for victims of burn injuries and other serious injuries. To get the type of compensation you require, our Spring Hill burn injury lawyers provide steadfast and knowledgeable representation. Get in touch today to set up a free consultation with a personal injury attorney.
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Serious accidents are the most frequent cause of burn injuries. After a collision, vehicles can catch fire and even explode. In some cases, faulty wiring or a mechanical problem starts a fire. House fires are tragic situations that can be caused by multiple things.
Once a victim has sustained a serious burn, recovery can take years. In many cases, full recovery is never possible. Nerves and body tissue damaged beyond repair can lead to amputation and disfigurement. The medical procedures such as skin grafts, rehabilitation, and surgery used to treat burn patients are invasive and take long periods of time.
Burn Injury Accident Liability
Personal injury claims can be made against the party that caused an accident resulting in burn injuries to the victim. Damages can be potentially recovered when the liability of the defendant is proven. Claims of this type are based upon liability. In the majority of cases, negligence must be proven.
Given a particular set of circumstances and the failure to exercise reasonable care in those circumstances can lead to a finding of negligence on the part of the defendant. Victims must show that a duty of care was required by the defendant, that the defendant breached that duty, and that the breach caused injury to the defendant. Legally, this is known as ordinary negligence. In Florida, drivers must exercise reasonable care to avoid injury to themselves and others. If a driver drives too fast on wet roads or fails to yield and causes a crash to occur, the victim must prove that the lack of care caused the accident which resulted in the victim’s burns.
Negligence Per Se
Negligence per se claims are filed when laws specifically enacted for public safety are violated. When victims prove that these types of statutes were violated and caused their injury, the only proof required is that damages occurred and that the injuries were caused by the accident. An example of this is when drunk driving laws were violated and an injury was sustained due to that.
When products are dangerous, they can sometimes cause injuries. Manufacturers of those products are held strictly liable for injuries sustained when the victim was using their product. A design defect or an error in the manufacturing process can make the product dangerous to an unreasonable degree to the user or consumer of that product. A case must be made that the product was in a defective condition when it left the control of the manufacturer.
How Compensation Is Affected in Comparative Negligence Cases
The argument that victims share in the responsibility for their burn injuries may be made. However, even if the victim is found to be partially at fault, claims can still be filed and some damages can be recovered. Florida, unlike other states, allows recovery even when a victim has been found to be more than 50% at fault for sustained injuries. To the extent that victims are found not at fault, recovery is possible. For example, if a victim has been determined to be 65% negligent, they can recover 35% from the defendant of the total damages.
After an accident occurs, victims in Florida have four years to file a claim. Compensation for medical treatment including rehabilitation, skin grafts, and surgery as well as lost wages and pain and suffering can be awarded.
Contact Our Spring Hill Burn Injury Lawyers Today
Numerous complex personal injury cases involving burns are regularly handled by the personal injury attorneys at Winters & Yonker P.A. Collectively, we have more than 50 years of legal experience. We can help you get the compensation rightfully due to you for your burn injuries. We serve clients in Lakeland, Tampa, and throughout Florida. For a free initial consultation with a Spring Hill burn injury lawyer, contact us online or call our office at (888) 373-7770.