Recoverable damages include compensation for medical expenses, including surgeries and rehabilitation, lost wages, pain and suffering, and more. For example, if the victim is 60 percent negligent, and the defendant is 40 percent negligent, the victim can still recover 40 percent of the total damages from the defendant.įlorida gives injury victims four years to file a claim from the date the accident occurred. A victim will be able to recover to the extent he or she did not cause the injuries. Unlike other states, Florida permits recovery even if a victim is more than 50 percent at fault for his or her injuries. A victim, however, can still file a claim and possibly recover damages. Some defendants will argue that the victim is partially at fault for the burn injuries. How Comparative Negligence Affects Compensation The victim would have to prove the product was defective and that the defect existed when it left the manufacturer’s control. If a manufacturing or design defect makes a product unreasonably dangerous to the consumer or user, the manufacturer may be held strictly liable for injuries caused by the product. Drunk-driving accidents are an example of when a victim can use negligence per se as a theory of liability.īurn injuries are sometimes caused by dangerous products. If a victim shows that the defendant violated a statute designed to protect people like the victim, he or she would need to prove only causation and damages. The victim has to show that the defendant’s failure to exercise care caused the crash and his or her burn injuries.Ī claim may be based on negligence per se if the defendant violated a law specifically enacted to protect a certain group of people from a particular type of harm. This duty of care is breached if a motorist fails to yield or drives too fast in inclement weather, for example, and causes a crash. For example, Florida motorists have a duty to use the care that a reasonably prudent driver would use to avoid injuries to oneself and others. Under a claim based on ordinary negligence, a victim has to show that the defendant had a duty of care, breached the duty of care, and caused the victim’s injuries and damages. Negligence is the failure to exercise reasonable care under a particular set of circumstances. The victim must base his or her claim on a legal theory of liability, which in most accident cases is negligence. By proving a defendant’s liability, a burn victim can potentially recover damages. Shah would like to hear your story.Who Is Responsible For Burn Injuries After an Accident?Ī victim can pursue a personal injury claim against the party who caused the accident and the burn injuries. If you or a family member has been a burn victim, Dr. Shah’s passion is using that knowledge and skill to try and get his clients on the road to recovery. Shah understands all of the medical and legal aspects that impact a burn victim who has been hurt due to negligence. Getting a good resolution in a burn case is dependent on how well the attorney understands the nature of your burn and can understand the medicine well enough to communicate that.ĭr. In order for a burn injury victim to get a financial settlement or jury verdict that will actually make an impact on their lives, a burn injury lawyer needs to deeply understand the unique complications that come with different types of burns (such as chemical burns, electrocution burns, or thermal burns) and how the client’s life will be impacted. The best that doctors and burn injury lawyers can do is try and get these victims as close to normality as is possible. Shah learned that these patients will never return to a “normal” life. Shah worked with a team to put new skin over every inch of this man’s body. Shah’s most formative moments as a doctor was working on a patient who had suffered burns over 98% of his body. A Phoenix Burn Injury Attorney Who Has Experience Medically Treating Burn Injury Victims
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