A burn injury can range from something small on your hand to damage all over your body, which can leave you in agony. The latter of these options is referred to as a “catastrophic injury” and may leave you disfigured, scarred, or worse. if you or a loved one has been burned do to the fault of someone else contact a personal injury law firm, you may be entitle to compensation for your injuries.
When do you have a legal burn injury case in Florida?
Do you know what the largest organ in your body is? Most people do – it’s the skin. Your skin is the “envelope” that holds in all your other organs. If you suffer serious burn injuries, this is an event that can be devastating and life changing. As mentioned above, this type of injury can leave you in serious pain, with serious scarring, disfigured, and in some cases, dead.
If you suffered a burn because of another person’s careless act or negligence, you may have the right to sue.
Juries that see these cases take the victim’s pain and suffering into consideration when deliberating your case, and the settlements received from these are significant. If you are experiencing severe pain and you face high medical bills, this is probably something you need to consider.
However, it’s challenging to figure out the exact worth of a burn injury settlement before going to trial. Some of the factors that may affect the verdict that you receive include:
- The severity of the injury
- The ability the responsible party has to pay damages
- The person’s intent when the burns occurred
Because the pain and suffering related to burn injuries is usually much higher than other accidents, the settlements given are typically higher. However, it often takes a long time to get there and the road is often paved with a lot of testimony and medical experts. It’s important to have our burn injury lawyers helping you each step of the way to minimize how long it takes for you to receive a settlement.
The elements of a burn injury lawsuit in the state of Florida
Similar to any other negligence case, you (the plaintiff in this situation) have the burden of proof. This means you have to prove/establish that you were injured. You have to provide enough evidence to prove the defendant was the cause (in some way) of your burn injuries. According to Florida law, to do this, you must show the following:
- The defendant (person accused of causing your injury) owed you some type of duty of care.
- The defendant, in some way, breached the duty of care owed.
- The breach that occurred directly led to the injuries that you suffered, and the breach resulted in damages.
Where and how the burn injury happened
While it may sound somewhat crass, where and how the burn occurred will affect your potential settlement. Was it your face that was disfigured, or your leg? Will you have to wear pants on the beach for the remainder of your life? Or, is it something that’s easier to hide?
Also, the jury will take a look at the location of the burn on your body and if the incident could have been foreseen. Some of the following are where a burn may occur:
- Faulty wiring
- Defective industrial products or equipment
- Workplace accidents
- Defective household products
- Gas explosions
- Flammable materials
- Auto crashes
- Structural fires
There are several complexities in all burn cases that are going to affect the rewards you ultimately receive. For example, if the accident occurred at work and it could have been avoided, a jury may not feel as though providing a reward is necessary – even in cases where you have a lot of medical bills. However, if the burn injury resulted due to the employer’s failure to follow the regulations from OSHA, the value may increase. It’s often “up in the air,” which is why it is so crucial for you to call our attorneys. We will work to prove who was at fault and help ensure you receive a fair amount of compensation.
Potential compensation that our Florida burn injury lawyers can help you recover
If you are able to rove the burn you suffered was due to a person’s or business’s negligence, you may receive compensation for the following according to Florida law:
- Pain and suffering
- The expenses related to your burn injuries that you paid out of pocket
- Wages you lost and wages you may lose in the future
- Medical bills – both past and future related to the burn injury
While Florida does have damage caps, these are typically for punitive damages. If the defendant intended to harm the victim, there is no limitation to the punitive damages that can be awarded. Also, if the defendant had no intention to harm the plaintiff, but they knew harm may occur and they acted in a dangerous manner that was motivated by financial gain, punitive damages are allowed. In all other situations, the punitive damages are limited to just three times the value of compensation awarded to every claimant or $500,000.
As you can see, the laws and regulations related to a burn injury can be complex. Contact our legal team at Zimmet & Zimmet today to help with your case, as we understand the complex nature of these cases and can help ensure you receive the compensation you deserve.
Zimmet & Zimmet is proud to serve Ormond Beach, Deland, Deltona, Sanford, Orlando and all for Florida from our Daytona Beach and mobile offices.