Can I File a Lawsuit for Compensation After a Burn Injury?
Everyone learns about fire safety from a young age. Unfortunately, that doesn’t stop burn injuries from happening. While all burns are devastating events, they range widely in terms of severity, liability, and opportunities for compensation.
Whether your burn injury came from an accident, a hot stove, a defective product, or an explosion, you may be able to pursue compensation for the physical and psychological damage it caused.
If you or a loved one suffered a burn injury because of someone else’s negligence, contact a Florida burn accident attorney to learn about your options.
The Severity of Burn Injuries
The type of burn injury you suffer will determine what damages you can pursue and from whom. Most burn injuries require some level of medical treatment. If you seek medical treatment for your injury, be sure to acquire any records of your visit and injuries upon arrival.
A burn from an oven may only need wound dressings and medication. Meanwhile, a burn from a car accident could require invasive procedures like skin grafts. The more severe your burn is, the greater the damages you can pursue.
Liability for Burn Injuries
Before filing burn injury claims, you may wish to contact an attorney to help determine who was liable for your injury. Burn injuries are commonly due to negligence.
For negligence, you must prove:
- The guilty party had a duty of care to you
- They breached their duty of care
- Their breach led to your injury
The claim you file will depend on the type of liability.
Product liability refers to a situation in which a defective product caused your burn injury. Dangerous designs, manufacturing errors, and mislabeling can all lead to burns. For example, there have been several instances when newly released products had a manufacturing error that caused them to combust spontaneously. A burn sustained from that situation would fall under product liability.
Similarly, premises liability covers instances in which a property owner failed to take reasonable care to prevent your burn. For example, if you’re burned at a restaurant because of negligence, you could seek compensation under premises liability.
If your burn wasn’t accidental but the result of an attack, you can file a claim for assault and battery. This would be a criminal case rather than a civil lawsuit.
Florida’s Comparative Negligence Law
When you accuse an individual or organization of causing your burn, they will argue that you were partially at fault.
However, even if the court agrees you were partially at fault, you can pursue compensation. However, the court will reduce the damages you receive according to your share of the fault.
For example, if the court finds you 40% at fault for the incident, your total damages will reduce by 40%.
A Florida burn accident attorney can help you navigate this law and argue for the other party’s liability.
Compensation You Can Collect From a Burn Injury Lawsuit
If you’re seeking compensation for a burn injury, you can collect two main types of damages: economic and non-economic.
Economic damages cover calculable financial losses, including:
- Medical bills
- Property damage
- Lost wages
Non-economic damages account for intangible losses like:
- Pain and suffering
- Mental distress
- Loss of quality of life
This may seem overly complex to some. Personal injury lawyers will help determine which damages you can pursue.
Seeking Compensation for a Burn Injury? Contact Experienced Burn Accident Attorneys
At The Law Offices of Marc L. Shapiro, P.A., we understand burn injuries are traumatic. We want to help you pursue compensation. With two decades of experience, our Florida burn accident attorneys will take on your case and guide you through this process.
Contact us at 239-329-8577 to schedule a consultation.
