Burn injuries may leave lasting effects on those who endure them. Besides the physical pain and scarring that may result, these events also can have a psychological and financial impact on victims. The accident lawyers at the Law Offices of Robert Dixon work with injured Miami residents to assert their legal rights so they can focus on their recovery. We represent individuals throughout Miami-Dade, Broward and Palm Beach Counties. If you have suffered a burn injury in an accident, whether it is due to a motor vehicle collision or a defective product, our attorneys can help you consider your legal options.Burn Injuries
Various types of accidents can lead to burn injuries. A car or motorcycle crash may result in an explosion or other type of fire. Motor vehicle collisions can also be caused by electrical or mechanical problems in the vehicle itself. A defective product or component, such as a poorly made stove or other electrical device, may lead to a fire as well.
No matter the kind of accident that causes burn injuries, the aftermath and recovery is often difficult. They may require extensive medical care, such as numerous surgeries, skin grafts and reconstructive procedures, and rehabilitative therapy. Depending on the location of a burn, there also may be psychological issues to handle, and perhaps permanent disfigurement.Seek Compensation Through a Negligence Claim
Various defendants, or at-fault parties, may be liable for harm sustained in an accident. A victim, or plaintiff, can hold those parties responsible by filing a personal injury lawsuit to recover damages. The basis of these claims often involves showing the defendant has acted negligently. To succeed in this type of action, a plaintiff must establish that:
- He or she was owed a duty of care;
- That duty was breached by the actions of the defendant;
- The breach directly caused the plaintiff’s burn injuries; and
- The victim incurred quantifiable damages.
In the scenario of a car crash, a plaintiff must prove that the defendant, usually another driver involved, did not act as a reasonable motorist would have behaved in similar circumstances. Alternately, if a defective product or part caught fire and caused burn injuries, a strict liability claim may succeed if it can be shown that the product was unreasonably dangerous based on a design error, manufacturing error, or failure to warn, and that the defect caused the harm.
In Florida, the statute of limitations for filing personal injury lawsuits is four years from the date of the accident. Timeliness is important in making sure your rights are preserved. If you do not meet this deadline, your claim may be dismissed.
Even if you are partly at fault for your injuries, you may still file a claim to recover damages. Florida follows a pure comparative fault rule, which means that compensation is reduced in proportion to a party’s degree of responsibility. Therefore, if a court finds that an injured person was 40 percent negligent in causing his or her own harm, he or she can still be awarded up to 60 percent of the total amount of damages available. These costs and losses often include past and future medical expenses, lost income, loss of earning capacity, and pain and suffering.Discuss Your Injury Case with a Capable Miami Lawyer
If you have suffered preventable harm as a result of an accident caused by someone else’s negligence, the injury attorneys at the Law Offices of Robert Dixon will advocate for your rights in the aftermath. Devoted to helping victims in Miami and other Florida communities, we will spare no effort in trying to hold any responsible parties accountable. Call 877.499.4878 or contact us online for a free, no-obligation consultation about your case.