Burns are some of the most painful, difficult injuries to sustain. They’re also among the slowest injuries to recover from and are likely to leave permanent scars. If you’ve been seriously burned in an accident, you’re among the 1.1 million Americans that sustain these injuries each year. The best thing to do after a burn or fire accident in Florida is to call a personal injury attorney. Elstein Legal has handled many burn injury cases over the years and has helped victims seek damages for their losses. For more information, call us for a free consultation.
Determining Fault After an Accident
In order to succeed in a legal suit against someone who caused an accident, you may have to prove the intensity of your burn injury. Burns are almost always very painful, and it can be hard to determine the severity just by appearance. The World Health Organization has some tips to figure out how serious a burn is. Here are their determining factors:
- The burn covers over 15% of an adult’s body surface
- The burn covers over 10% of a child’s body surface
- The burn is on someone very young, elderly, not in good health, or who has a pre-existing condition
- The burn is third degree, which is when it damages or totally destroys each layer of skin. It also will damage the underlying tissue at this stage and will require a skin graft
- The burn is on your face, hands, feet, or genitals
- The burn is associated with trauma
What Else Do I Need To Do?
In addition to determining the severity of your burn injury, you will need to prove who is liable for the accident. In many cases, this comes down to proving negligence. Under the law of negligence, it is known that one party owes a duty to the other party. If the party that holds the duty causes an accident that directly results in injury to the victim, then they have breached that duty.
In Florida, it is possible for both or all parties involved in the case to share some of the fault for an accident. For example, if you were doing something unsafe or disregarding posted rules at a business, and this resulted in a burn injury, you may share some of the blame. The percentage of blame you share from the accident will be deducted from your settlement.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
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If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.