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Severe burns are life-changing events that can cause disfigurement, amputations, and pain. Mounting medical, rehabilitation, and therapy expenses caused by the negligent party can add up quickly. A Delray Beach burn injury lawyer has extensive experience in personal injury litigation and has achieved damages for many burn injury patients. Contact an experienced serious injury attorney for help today.
How Does Someone Obtain Representation?
The first step in starting the legal process is to arrange a meeting with a personal injury lawyer in Delray Beach. The attorney will evaluate the circumstances of the burn event and explain the law involved. The consultation is free of cost and there is no obligation to hire the attorney.
Burn patients who decide to sue the responsible party do not pay the attorney to start legal action. Legal fees are paid from the compensation won in a lawsuit. If the suit is not won, the attorney will not charge the individual. That is a common practice among personal injury lawyers called contingency.
Causes of Severe Burns
Automotive crashes, structural fires, scalding, chemicals, electrical fires, gas explosions, and radiation are the main causes of severe burns, reports the American Burn Association. Of all serious burns, 73 percent occur in the home, 8 percent on the job, 5 percent on the roads, 5 percent in recreation or sports mishaps, and 9 percent due to other causes.
Those who are burned on over 25 percent of their bodies or who sustained burns of 5 percent or more on their hands and face are legally catastrophically injured. The most serious burns are fourth degree, meaning the heat has burned into the flesh causing charring and damage that cannot be repaired.
Compensatory Damages for Burn Injuries
Delray Beach burn injury attorneys often advise victims not to discuss the injury with insurance companies, who will often try to settle quickly in an attempt to prevent a lawsuit. However, the insurance company’s offer will most likely not cover all of the expenses incurred.
It takes experience, effort, and research to determine how much a lawsuit can legitimately claim in damages. A skilled attorney will ensure that all expenses are documented to solidify the best possible outcome.
Florida allows damages for physical injury related expenses and also for non-economic concerns. Common burn damages include:
Economic
- Emergency medical care
- Surgeries, skin grafts, and hospitalization
- Long-term and home care
- Disfigurement and scars
- Therapeutic treatment
- Costs of necessary equipment rental or purchase
- Loss of income and future income that cannot be earned
- Property damage
- Career re-training
Non-economic
- Pain and suffering
- Mental anguish therapy
- Emotional trauma therapy
- Loss of consortium
The amount of money to cover non-economic damages is difficult to assess. Juries, which decide how much compensation will be awarded, can be generous or doubtful. Keeping a detailed diary describing how the burn victim is suffering through the emotional and mental harm is beneficial evidence.
How Does Negligence in Burn Injury Cases Work?
A person who is severely burned due to a negligent act committed by another person or an entity may sue under Florida’s negligence doctrine. The legal definition of negligence is an act that a prudent person would not do in the same circumstance. Not acting in a situation is also considered negligent.
Florida requires that all parties with some responsibility in causing a harmful event share financial responsibility. Each offending party will have their damages reduced by the percentage of fault, up to 50%, which is decided by a jury or the court. If the plaintiff is found to be 51% or more at fault for their injuries, they are barred from recovery. This is referred to as modified comparative negligence.
Talk to a Delray Beach Burn Injury Attorney Today
Contact a Delray Beach burn injury lawyer if you or a loved one have sustained severe burns and are seeking the compensation you deserve. They can utilize their knowledge and experience with personal injury cases to help ensure you receive your best possible outcome.
