Severe burn injuries are among the most painful and most expensive of all types of medical emergencies. Minor burns often heal quickly on their own, but when someone suffers a catastrophic injury, they often face at least one reconstructive surgery involving skin grafts.
If you have sustained a burn injury because of another party’s negligence, Florida law entitles you to seek compensation in a personal injury lawsuit. A Fort Myers burn injury lawyer can guide you through this process.
With four decades of combined experience, Viles & Beckman has the skills to help you hold the right party responsible for your pain. Speak to our Fort Myers personal injury lawyers to find out how we can help you.
Why You Should Consult a Fort Myers Burn Injury Lawyer
When you’ve been harmed in Fort Myers, you can discuss your case and learn more about your options during a free case review with one of our attorneys. We’ll provide tailored advice based on your situation so that you can make the most informed decision about your next steps.
Plus, we fight for results. Our team has recovered more than $118 million in compensation for our clients throughout Florida and will work hard to negotiate a fair personal injury settlement on your behalf.
We’ll challenge low offers from the insurance companies so that you don’t inadvertently lock yourself into an agreement that provides you with less money than you deserve.
Florida’s Statute of Limitations
If you decide to pursue a personal injury claim in Florida, the statute of limitations generally gives you two years from the date of the accident to file a lawsuit. You must be able to prove that negligence played a role in causing you harm and demonstrate how much compensation you should be owed.
There are some exceptions to the statute of limitations, but our law firm will offer professional and knowledgeable counsel on this timeline so that you know exactly how long you have to file a lawsuit in Fort Myers, Florida.
Expect More, Receive More: Legal Support That Feels Like Family
Common Causes of Burn Injuries
According to the American Burn Association, part of understanding a burn injury is knowing what caused it. Some of the most common causes of burns in Fort Myers include:
Scalds
A scald occurs when steam or hot liquid burns your skin. Several different activities might lead to a scald, such as dining out, cooking, making a hot beverage, or bathing.
You may choose to file a personal injury claim if someone else’s negligent actions lead to a scald. For example, a server in a restaurant might spill hot coffee or soup on you, or a property owner might fail to address a dangerous hot-water condition that causes you to suffer serious burns.
Fires
A fire is one of the main causes of burn injury claims. Everything from electrical shorts that cause a spark, unextinguished cigars and cigarettes, explosive car crashes, unattended campfires, and spontaneous combustion might start a dangerous fire.
If someone else caused the fire, you could potentially claim damages for the physical pain and suffering and any immediate or long–term medical expenses.
Harsh Chemicals
Some of the most common chemicals can cause chemical burns if they make contact with your skin. This may include bleach, chlorine, ammonia, denture cleaners, teeth whitening products, and battery acid.
Our lawyers can help you determine whether another party’s negligence contributed to your chemical burn and explain your options for seeking compensation.
Medical Treatment
Radiation is commonly used in medical treatments, including radiation therapy for cancer and certain thyroid diseases, blood disorders, and tumors. Patients may also be exposed to radiation during X-rays and other diagnostic imaging procedures.
While these treatments and procedures are carefully controlled, excessive or prolonged radiation exposure can damage the skin and underlying tissues. In severe cases, this damage can result in radiation burns and other serious injuries that may require ongoing medical care.
Live Electrical Wires and Outlets
Electricity can also create potential burn hazards. Defective products, sloppy electrical work, and loose wires can cause a fire, and direct contact can cause electrocution.
The National Institutes of Health reports four main types of electrical injuries:
- Flash injuries: Superficial burns where no electrical current travels through the body.
- Flame injuries: When an arc flash throws a spark and ignites clothing. Sometimes current passes through the skin.
- Lightning injuries: When an electrical current flows through a person’s body, usually involving short bursts of energy with very high voltage.
- True injuries: Electricity flowing through a person’s body to the extent that they become part of an electrical circuit.
If your accident was caused by another party’s negligence, our burn injury lawyers in Fort Myers, Florida, can help pursue compensation from the liable parties.
How Burn Injuries Are Evaluated in Fort Myers
The severity of your burn injury will play a part in the damages you might be able to recover in a personal injury lawsuit. Medical professionals will evaluate the extent to which the burn penetrates through the skin and body to determine whether you have a first-degree, second-degree, or third-degree burn.
Here is how those different classifications break down:
- First–degree burns: Typically minor damage that causes harm to the outer layer of skin, otherwise known as the epidermis. Basic first aid involving some cold water, burn ointment, and a bandage will help these minor burns heal quickly.
- Second-degree burns: They extend past the epidermis into the next layer of skin on the body, the dermis. Second-degree burns require more time to heal, and in some cases, doctors might have to perform a skin graft.
- Third–degree burns: Extend through both the dermis and the epidermis. Third-degree burn victims usually undergo reconstructive surgery, which includes a skin graft, and require hospitalization so that doctors can manage pain and potential infections.
- Catastrophic burns: Severe burns that extend beyond the skin and may damage fat, muscle, and even expose bone. These serious injuries may require intensive treatment, including a medically induced coma, and can sometimes be fatal.
Insurance Companies Are Not Always on Your Side
When you bring a lawsuit against another party to seek compensation for damages related to your burn, insurance companies may try to use certain tactics to avoid financial liability. This may include:
Shifting Blame
Florida applies comparative negligence to burn injury cases. This means your compensation amount may be reduced if you are found partially responsible for the accident that caused you harm.
As a result, the other side may try to shift some of the blame onto you to reduce its financial liability. For example, they may argue that you used a product incorrectly, failed to follow safety warnings, or should have been aware of the risks that caused your burn injury.
Downplaying Your Damages
Another way the defense might try to avoid financial liability is by suggesting that your injuries are not as bad as you claim. Your attorney will ask for a specific amount of compensation based on your expected recovery plan, which may include multiple surgeries and treatments.
The defense might argue that you have overestimated the cost of future medical expenses and the amount of time that you need for a complete recovery, if possible. That’s why you should always keep a copy of your medical records and bills.
Making a Quick Settlement Offer
After investigating a burn injury claim, an insurance company will typically assess whether its policyholder may be held liable for the resulting damages. If the insurer sees a risk of having to pay significant damages, it may make an early settlement offer to resolve the matter before litigation.
These initial offers are especially attractive to victims who are financially struggling because of lost wages and accumulating medical bills. But initial offers are typically far lower than what you should be owed.
An experienced Fort Myers burn injury attorney understands how comparative negligence works in Florida and knows how to protect you from defense strategies intended to devalue your claim.
Who Is Responsible for a Burn Injury?
Sometimes establishing liability can be difficult. In Florida, multiple parties may be held responsible, depending on how the burn happened. For example:
- The head of a company may have ignored safety precautions.
- A device you were using may have malfunctioned.
- Faulty wiring could have contributed to your injuries.
- Distracted driving may have caused the car accident that burned your skin.
- Flammable materials could have been stored incorrectly in the workplace.
- A company may have failed to properly store, label, or handle hazardous chemicals, leading to chemical burns.
Because the circumstances can differ so greatly, identifying the liable party will take a detailed investigation. Our experienced burn injury lawyers in Fort Myers can help you determine who might share liability, whether it was a negligent employer failing in their duty of care, a defective product, a dangerous property condition, or another party’s actions.
Recouping Your Losses After a Burn Injury in Florida
A Fort Myers burn injury lawyer will negotiate a fair settlement based on both your economic damages and non-economic damages. This may include:
- Medical expenses, including ambulance and emergency services, hospitalization, diagnostic imaging, skin grafting and other reconstructive surgery, aftercare, and pain medication
- Future medical treatment when your burn injury requires multiple surgeries with extensive recovery time and around-the-clock medical care
- Rehabilitation costs to help restore certain lost functions, including physical therapy and assistive devices, such as wheelchairs, canes, and walkers
- Lost wages for missing work due to treatment and recovery
- Future lost wages when a severe burn causes extensive damage which prevents you from returning to your job or requires you to reduce your hours
- Pain and suffering, as well as emotional distress
- Loss of consortium
- Scarring, disfigurement, or permanent disability
- Punitive damages, if applicable
Learn more about the compensation you may be able to recover after this type of accident.
Evidence That Could Support Your Fort Myers Insurance Claim
When it comes to identifying liability and demonstrating the full extent of your damages for your compensation claim, you need to have solid evidence. Try to gather the following proof before filing:
- Medical records documenting your burns and treatment
- Expert testimony about your injuries and expected recovery plans
- Witness testimony from anyone who was present when the accident took place
- Photographs or video recordings from the accident
- Police reports or accident reports
- Pay stubs that demonstrate lost income due to your burns
A Fort Myers burn injury law firm can help you gather and preserve this evidence. We’ll use it when handling negotiations with insurers to make sure your compensation accurately reflects your losses.
Contact Our Fort Myers Burn Injury Law Firm for a Free Case Evaluation
When you’ve suffered harm due to someone else’s negligence, you should be able to seek financial justice. Viles & Beckman has been named the Ones to Watch by the highly respected legal publication Best Lawyers because of our commitment to providing quality legal representation to our clients.
To get the support you need for your personal injury claim, get in touch today. Our lawyers will discuss your options during a free consultation and help you fight for the compensation you’re owed. Plus, we work on a contingency fee basis, so you pay nothing until we win your case.