Burn injuries are some of the most devastating injuries an accident victim can suffer. They often take a serious physical, psychological, and financial toll on the victim and his or her family. At Holliday Karatinos Law Firm, PLLC, we understand how difficult it can be to move forward after suffering a catastrophic accident injury. Our Florida burn injury attorneys are here to help you if you sustained burn injuries in an accident. Our dedicated team of litigators can provide the knowledgeable and steadfast representation you need to seek the appropriate level of compensation for your injuries.
Victims of Serious Burns in Florida
Burn injuries are often the result of serious accidents. Cars, trucks, and motorcycles can explode or catch fire in a collision. Sometimes, a mechanical or electrical failure can cause a vehicle to combust. If a property catches on fire, it may be the result of faulty wiring or other dangerous conditions on the premises.
Regardless of the cause of the injury, burns often require time-consuming and invasive procedures. Skin grafts, surgeries, and rehabilitation can take months, if not years. A person may never fully recover from the physical damage caused by burn injuries. Disfigurement and amputation is not uncommon, since burns severely damage body tissue and nerves.
Who Is Responsible For Burn Injuries After an Accident?
A victim can pursue a personal injury claim against the party who caused the accident and the burn injuries. By proving a defendant’s liability, a burn victim can potentially recover damages. The victim must base his or her claim on a legal theory of liability, which in most accident cases is negligence.
Negligence is the failure to exercise reasonable care under a particular set of circumstances. Under a claim based on ordinary negligence, a victim has to show that the defendant had a duty of care, breached the duty of care, and caused the victim’s injuries and damages. For example, Florida motorists have a duty to use the care that a reasonably prudent driver would use to avoid injuries to oneself and others. This duty of care is breached if a motorist fails to yield or drives too fast in inclement weather, for example, and causes a crash. The victim has to show that the defendant’s failure to exercise care caused the crash and his or her burn injuries.
A claim may be based on negligence per se if the defendant violated a law specifically enacted to protect a certain group of people from a particular type of harm. If a victim shows that the defendant violated a statute designed to protect people like the victim, he or she would need to prove only causation and damages. Drunk-driving accidents are an example of when a victim can use negligence per se as a theory of liability.
Burn injuries are sometimes caused by dangerous products. If a manufacturing or design defect makes a product unreasonably dangerous to the consumer or user, the manufacturer may be held strictly liable for injuries caused by the product. The victim would have to prove the product was defective and that the defect existed when it left the manufacturer’s control.
How Comparative Negligence Affects Compensation
Some defendants will argue that the victim is partially at fault for the burn injuries. A victim, however, can still file a claim and possibly recover damages. Unlike other states, Florida permits recovery even if a victim is more than 50 percent at fault for his or her injuries. A victim will be able to recover to the extent he or she did not cause the injuries. For example, if the victim is 60 percent negligent, and the defendant is 40 percent negligent, the victim can still recover 40 percent of the total damages from the defendant.
Florida gives injury victims four years to file a claim from the date the accident occurred. Recoverable damages include compensation for medical expenses, including surgeries and rehabilitation, lost wages, pain and suffering, and more.
Representing North Tampa Burn Injury Victims
The personal injury lawyers at Holliday Karatinos Law Firm, PLLC have over five decades of collective legal experience. We have handled numerous complex personal injury cases in the North Tampa area and beyond, and can help you fight for your right to compensation for your burn injuries. We also serve clients in New Tampa, Lutz, and other areas. Call our office or contact us online today for a free initial consultation.
