While recovering from fresh, painful, serious burns caused by someone else or a business entity, thoughts about taking legal action to collect compensation may not be top of mind. Do not wait too long before taking the first step to accessing the legal system by contacting an experienced catastrophic injury lawyer for a free, no obligation review of the facts and the law to determine if a valid case exists.
Stuart burn injury lawyers who practice personal injury law work without taking a fee during the case. Their services are paid by a small percentage of the money awarded, but if the case does not succeed, the lawyer does not charge a fee. This is called contingency. Consult with a skilled attorney today to begin your case.
Types and Common Causes of Burn Injuries
The medical profession has divided burn injuries into four-degree categories. First degree burns cause redness and minor swelling but no blistering. Second-degree burns leave skin with a slight thickness and may cause blistering. Third-degree burns turn skin leathery and waxen and are marked by a numbness because of damage to the dermis and surrounding nerves. Fourth-degree burns extend beyond the layers of skin into flesh, causing charring and irreparable harm.
Severe burns have six types of general causes:
- Automotive accidents
- Chemical burns
- Electrical fires
- Gas explosions
- Structural fires
Burns over 25 percent of the body or five percent of the face or hands qualify as catastrophic injuries, and burns resulting in death are actionable as wrongful death cases. Injuries and property damage caused by an accident may be legally actionable if the accident happened because of someone’s negligence.
Negligence Law in Burn Cases
The legal definition of negligence is failing to use care toward others that a reasonable person would do in the same situation, or take an action that a reasonable person would not take. Elements comprising negligence are, as the definition indicates, a duty of care toward others not to cause harm or property damage. An act taken by someone or a business violating a duty of care is a breach. The breach caused the foreseeable accident and damages resulted. Proximate cause is when the expected outcome of an act taken happened.
Florida uses the modified comparative negligence standard that holds responsible those who cause an accident, and parties may share the blame. Stuart burns injury lawyers have seen damages reduced by the percentage of fault each party has, up to 50%. If the injured party was not at fault, full damages can be claimed. However, if the injured party is found 51% or more at fault for their injuries, they are prohibited from recovery entirely.
Severe burns are considerably painful and have impacts on the individual’s quality of life and finances. A Stuart burn injury lawyer can help someone seeking an appropriate amount of damages for their harm suffered.
The law allows those burned to claim some or all of these monetary damages:
- Medical treatment, surgeries, and skin grafts
- Therapeutic treatments and equipment purchases or rentals
- Long-term care
- Pain and suffering
- Loss of present and future income
- Training for other employment
- Loss of consortium
Help from Kogan & DiSalvo
Generally speaking, lawsuits for burn cases must be filed within two years of the event or the date it was discovered. Missing this “statute of limitations” deadline prevents the injured party from taking legal action in the matter.
The Stuart burn injury lawyer will build the case with physical, documentary, and testimonial evidence, including photographs of the burns, gathered during the “discovery” phase to prove the case. The amount of damages are awarded by a judge or jury at trial and the lawyer will argue for the full amount cited in the lawsuit. Many personal injury cases, however, are settled by the parties. In that situation, the Stuart burn injury lawyer will aggressively negotiate with the insurance carrier to attain a fair amount that must be approved by the client.