Filing a legal claim for damages could be necessary after a severe burn injury, especially when the injury happens because of another person’s negligence. These cases often fall under premises liability, defective products, and comparative fault laws in Florida.
A Sarasota burn injury lawyer could help to address these legal issues in your case and help you evaluate their impact on your potential compensation at trial or through a settlement.
Burns can range in severity from first to fourth degree and can be temporary or permanent. The most serious burn injuries destroy a person’s underlying muscle and bone, often leading to permanent disfigurement, loss of bodily function, and death in extreme cases.
The impact of a burn can also depend on the type of injury a person suffers from. Common sources for a burn injury could include the following:
A knowledgeable attorney in Sarasota can investigate a case to determine how a burn injury occurred and work to prove liability.
Burn injuries often happen when an owner or manager fails to properly maintain or regularly inspect a property—for example, fixing an exposed electrical wire, cleaning a chemical spill, or misusing radioactive equipment. Florida’s premises liability laws could apply to these cases.
Whether the landowner or manager was obligated to warn or fix conditions depends on why the injured person was on the property as an invitee, licensee, or trespasser. For instance, Florida’s premises liability laws do not apply to trespassers.
Liability could also extend to others for a burn injury occurring in a chemical spill, defective product incident, or while working in a hazardous occupation. Manufacturers, employers, and workers could all be liable when their misconduct in these situations causes a burn injury. Determining liability for a burn injury can be challenging, but a Sarasota lawyer understands how to prove another party’s negligence through evidence effectively.
Florida’s comparative fault rule is a common defense that insurance providers and other potentially liable parties use to limit their exposure in a burn injury claim. The state’s comparative fault rule limits liability in cases where the injured plaintiff is partially responsible for their injury. According to Florida Statute 768.81(6), when the plaintiff is more than 50 percent responsible, they cannot collect compensation from another party.
A burn injury attorney in Sarasota could raise arguments to eliminate the possibility of comparative fault to ensure the plaintiff gets the maximum compensation for their injuries. For example, proving that the defendant’s warning signs of a burn hazard were ineffective because of their placement on the property could convince the court that the plaintiff did not play a part in their own injuries.
A claim for compensation following a burn injury is subject to Florida’s two-year statute of limitations. Meeting with a Sarasota burn injury lawyer could be an important first step to determining the potential filing deadline and developing a strategy for pursuing compensation from liable parties.
In some cases, a settlement with insurance providers could be possible, but a trial could help you collect a substantial financial award. Call our experienced and determined trial attorneys today to schedule your free, confidential consultation.