The short answer: Yes, you can sue for a burn injury in Florida if someone else’s negligence caused it, whether that’s a careless driver, a property owner, a landlord, or the maker of a defective product. Florida generally gives you two years from the date of injury to file, and you can still recover as long as you’re not more than 50% at fault. A burn injury claim can cover your medical bills, lost income, scarring and disfigurement, and the physical and emotional pain you’ve endured.
A serious burn is one of the most painful and life-changing injuries an individual can suffer. Beyond the immediate pain, there are surgeries, long recoveries, permanent scarring, and mounting bills. If your burn happened because someone else was careless, you may be wondering whether you have the right to hold them accountable. The sections below walk Winter Haven residents through those rights and how a claim works.
In this article, our experienced Winter Haven personal injury lawyers discuss:
– Whether you can sue for a burn injury in Florida.
– How burn injuries happen.
– How burn severity affects your claim.
– Who can be held responsible.
– What compensation you may recover.
– How long you have to file.
Can You Sue For A Burn Injury In Florida?
Yes. If your burn was caused by another person’s or company’s negligence, Florida law allows you to file a personal injury claim to recover compensation. Negligence simply means someone failed to act with reasonable care, and that failure led to your injury.
You don’t have to figure out whether you have a case on your own. The attorneys at JustCallMoe offer a free consultation, and we work on a contingency fee basis. That means no upfront cost, and you don’t pay attorney fees unless we recover money for you.
How Do Burn Injuries Happen?
Burn injuries can result from many types of accidents. Each can give rise to a claim. Common causes of burn injuries include:
– Car and truck accidents, including fuel-fed vehicle fires after a crash.
– Defective products, such as faulty wiring, appliances, batteries, or space heaters.
– Scalding liquids or chemical exposure at a store, restaurant, or other business.
– Apartment and hotel fires tied to code violations, blocked exits, or missing smoke detectors.
– Electrical hazards from exposed wiring or unsafe property conditions.
What these situations share is that someone had a duty to keep you reasonably safe. When they fail, and you’re burned as a result, they may be legally responsible.
How Does Burn Severity Affect Your Claim?
Burns are ranked by degree. The severity of the burns affects both your treatment and the value of your claim. First-degree burns affect only the outer skin. Second-degree burns reach deeper layers and often blister. Third- and fourth-degree burns destroy the full thickness of skin and can damage muscle, nerves, and bone.
Serious burns frequently require long hospital stays, skin grafts, and multiple surgeries, and they carry a real risk of infection and permanent scarring. Because burns are so complex, always follow the treatment plan from your medical providers. This article is general information, not medical advice, so rely on your doctors for care decisions and keep records of everything.
Who Can Be Held Responsible For A Burn Injury?
Who’s liable depends on how the burn happened. Depending on the cause, the responsible party might be:
– A negligent driver whose crash caused a fire.
– A manufacturer that made or sold a dangerous product.
– A property owner or business that allowed an unsafe condition.
– A landlord who ignored fire code requirements or failed to install working smoke detectors.
Sometimes more than one party shares the blame. A product liability claim against a manufacturer can involve different rules than a typical negligence claim, which is one reason it helps to have attorneys review the facts early.
What Compensation Can You Recover?
A burn injury claim can seek both economic and non-economic damages. These damages may include:
– Medical bills, from emergency care and surgeries to future treatment.
– Lost wages and reduced earning ability if you are unable to return to the same work.
– Scarring and disfigurement.
– The emotional toll, including anxiety, depression, and the impact on your daily life.
Burns are unique because visible scarring and disfigurement can affect you for the rest of your life. Florida law allows you to seek compensation for that lasting harm.
Wondering what your burn injury claim may be worth? Call 866-654-7499 for a free consultation with the attorneys at JustCallMoe.
How Long Do You Have To File A Burn Injury Claim In Florida?
In most cases, you have two years from the date of the injury to file a burn injury claim in Florida. Under Florida law, an action founded on negligence must be commenced within two years (Florida Statutes § 95.11(5)(a)). Waiting too long can permanently bar your claim, so it’s important not to delay.
Florida also uses a modified comparative negligence model with a 51% bar. This means that you can still recover even if you were partly at fault, with your compensation reduced by your share of the blame. However, anyone found more than 50% responsible for their own injuries is barred from recovering at all (Florida Statutes § 768.81(6)). Product liability claims can involve additional deadlines, so it’s worth confirming the specific rules with an attorney.
Frequently Asked Questions About Burn Injury Claims
How much does it cost to hire a burn injury lawyer?
There’s no cost to get started. The attorneys at JustCallMoe offer a free consultation and work on contingency, so you only pay if we recover compensation for you.
What if I was partly at fault for my burn injury?
You may still recover. Under Florida’s modified comparative negligence rule, your compensation is reduced by your share of fault, and you’re barred only if you’re found more than 50% at fault for your own harm.
How long will my burn injury case take?
Every case is different. Some claims settle in months, while more serious injuries involving long treatment can take longer to resolve. We’ll keep you informed at every step.
Talk To The Attorneys At JustCallMoe
A serious burn can change your life, and you shouldn’t have to face the bills and recovery alone. Handling personal injury cases across the state, the attorneys at JustCallMoe welcome you to meet with us at our Winter Haven office at 150 3rd St SW, Suite 210, available by appointment only.
Injured on the go? Contact JustCallMoe! Suffered a burn injury in Florida? Call 866-654-7499 for a free consultation with the attorneys at JustCallMoe.