Mild burns redden and sting the skin, but deeper ones can be very painful, disfiguring, and life-threatening. Caring for a deep burn can extend over your lifetime, with surgery to allay scarring, skin grafts, stabilization of your temperature, and treatment for recurring infections. There is a reason that these are often referred to as catastrophic injuries.
If someone else causes your burns because they were negligent or reckless, you may have recourse for recovering compensation for your losses. A Cocoa Beach burn injury lawyer with The Umansky Law Firm is a skilled professional who will advocate for a suitable solution to your plight.
In civil tort law, negligence is the gold standard that, when proven, results in a damages award for an injured plaintiff. All four elements of negligence must be shown, or a claim will fail. These elements are duty, breach of duty, causation, and damages. All people in civil society have a duty to behave reasonably toward others to ensure safety. The duty is breached when a person acts below the standard universally adopted as that of the reasonable person. If the substandard acts are the foreseeable and actual cause of an accident, and people are injured, negligence is established. Causing another’s burn injuries can occur when:
The speeding motorist, owners of the concert venue, employer, and roommate are all responsible for burn injuries to others because they were negligent. A Cocoa Beach burn injury attorney can study your case to determine whether the elements of negligence are met and how much compensation would be appropriate for your losses.
When our personal injury attorneys determine the damages award we believe you are entitled to after burn injuries caused by the defendant, we structure them as economic and non-economic. Economic damages are calculable, such as how much you pay for your medical care to treat the burn injuries and the future care for them. If you cannot work while you are being treated, the wages you lose currently and in the future are economic losses; as is property loss, for instance, if your burns are related to a car accident.
Non-economic damages are subjective losses to which the jury will assign a dollar amount. The value of your emotional trauma at having to live with disfigurement after a burn injury is not a loss definitively provable, but it should be compensated with a monetary award. Our Cocoa Beach lawyers understand the far-reaching consequences you encounter after a burn injury, and we are here to get you the compensation you are entitled to.
In some cases, plaintiffs may be entitled to punitive damages, awarded to punish defendants for what the court clearly finds is grossly negligent or intentional misconduct and dissuade them from acting in such an egregious manner in the future, according to Florida Statutes § 768.72.
Punitive damages are capped at the greater of $500,000 or three times the amount of compensatory damages the jury awards to the plaintiff. For instance, a compensatory damages award of $1 million would limit a punitive damages award to $3 million. Our Cocoa Beach burn injury attorneys can discuss with you whether these special damages apply in your case.
Burn injuries can severely compromise your skin’s ability to do its job and your ability to move forward after someone causes the accident in which you are injured. Your future could include additional and expensive medical care and rehabilitation. The party responsible should pay for it.
A suitable damages award could allow you some room to breathe and care for your family as financial obligations continue to pile up while you recuperate and cannot work. Contact a Cocoa Beach burn injury lawyer at The Umansky Law Firm now to learn how our compassionate and tenacious team can advocate for you.
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