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Determining Fault After an Accident> What Else Do I Need To Do?> Why Choose Elstein Legal?>

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

2022 Florida Rising Stars Award Super Lawyers Magazine
The National Trial Lawyers: Top 40 under 40
Best of the bar
Brian Lewis ElsteinReviewsout of 1 review

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