Whether you’re suffering from a superficial scald burn or a life-threatening wound, burn injuries often leave victims grappling with not only physical and mental anguish but also the financial burden of medical bills and lost wages.
If you or a loved one has experienced the trauma of a serious burn due to someone else’s negligence, please know that you don’t have to navigate this challenging time alone.
At Redondo Law, seasoned Miami catastrophic injury attorney Mike Redondo understands the profound impact of burn injuries and is dedicated to advocating for your rights. He’ll fight relentlessly to secure the compensation you need and deserve, helping you focus on healing and recovery.
Let Redondo Law be your guide in seeking the justice and financial relief you deserve.
What is considered a severe burn injury?
A severe burn injury is one that not only causes significant physical trauma but also often leads to long-term or permanent consequences for the victim.
So, what makes a burn injury catastrophic?
There are several factors to consider:
- Depth of the burn. Severe burns typically involve deep layers of skin or even underlying tissues like fat, muscles and bones. These are classified as third-degree or fourth-degree burns and are more serious due to the depth of tissue damage.
- Complications. Catastrophic burns can lead to significant complications, such as infections, blood loss, shock and respiratory issues. These complications can exacerbate the severity of the injury.
- Need for specialized care. Catastrophic burns usually require treatment in specialized burn units or centers and may involve skin grafts, reconstructive surgeries and long-term physical therapy.
- Long-term effects. Severe burns often result in prolonged hospital stays, multiple surgeries and extensive rehabilitation. They can cause permanent scarring, disfigurement and disabilities, impacting a person’s quality of life, mental health and ability to work.
- Size and location. The severity is also determined by the size of the burn, often measured as a percentage of the total body surface area (TBSA) affected. Burns covering a large portion of the body or those located on critical areas like the face, hands, feet, or over major joints are considered more severe.
Did you know?
According to the American Burn Association, someone in the U.S. suffers a burn injury requiring medical treatment approximately every 65 seconds. That’s almost half a million burn injuries each year.
What is the most devastating type of burn injury?
The most devastating type of burn injury is a fourth-degree burn. Fourth-degree burns are the most severe and extend through all layers of the skin, deep into muscle, tendons and even bone. This level of burn is so profound that it often damages nerve endings, resulting in a lack of pain because the nerve endings are destroyed.
Fourth-degree burns are medical emergencies that require immediate and specialized care. Due to the extensive damage they cause, recovery can be prolonged and complex, often involving multiple surgeries and long-term rehabilitation.
What are the 2 greatest dangers for a severe burn victim?
The 2 most significant dangers for a severe burn victim are infection and hypovolemic shock.
Burn injuries significantly compromise the skin, which is the body’s primary defense against infection. With the protective barrier of the skin compromised or destroyed, burn victims are highly susceptible to bacterial and fungal infections, which can be extremely serious and potentially life-threatening, especially if they enter the bloodstream, leading to sepsis, a condition where the body’s response to infection causes widespread inflammation and can result in organ failure.
Hypovolemic shock is a condition caused by severe fluid loss, which often occurs in serious burn injuries. When the skin is burned, fluid seeps out of the damaged tissues, leading to dehydration and a decrease in blood volume. This reduction in blood volume can cause a drop in blood pressure and prevent vital organs from getting enough blood, a condition known as hypovolemic shock. It can be life-threatening and requires immediate medical intervention.
Best Buy recalls defective pressure cookers after consumers suffer burn injuries
In October 2023, Best Buy announced that they were recalling almost 1 million pressure cookers and inner pots under the Insignia brand due to a defect that can result in hot liquids and foods being expelled, posing burn hazards.
The volume markings on pressure cookers are incorrectly marked, leading consumers to overfill them and causing hot food and liquids to eject when vented or opened. This has resulted in 31 incident reports, including 17 cases of burn injuries, some of which were severe.
The recall affects Insignia Multi-Function Pressure Cookers and inner pots with 6- and 8-quart capacities, sold at Best Buy stores and online from October 2017 to June 2023.
Recovering compensation in a burn injury case
Those who suffer from burns caused by other people have the right to seek economic and non-economic reimbursement for their losses. To win compensation, the burn victim and their attorney must provide an estimate of their losses in a demand letter to the at-fault party or in an initial complaint that is filed as part of a lawsuit. These damages might include:
Economic losses, including any medical expenses, future or present, that relate to a victim’s injuries. These losses can also include any lost wages or opportunities to work.
Non-economic losses are those without an objective financial value, such as a person’s pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life or companionship, which can significantly impact one’s overall well-being and quality of life following an injury or accident.
In rare cases, burn victims may also be entitled to seek punitive damages. A court can allow punitive damages to be sought against defendants whose actions were particularly egregious.
An attorney is crucial to ensuring that all possible damages (past and future) are included when calculating your potential compensation in a personal injury claim.
What is the average payout for burns?
Compensation in burn injury cases varies widely and is influenced by several factors, making it difficult to pinpoint a specific figure. The compensation amount depends on the severity of the burn, the extent of medical treatment required, the impact on the victim’s quality of life, lost wages, and future earning capacity, as well as pain and suffering.
Minor burns might result in smaller settlements or verdicts, primarily covering medical expenses and temporary discomfort.
In contrast, severe burns, especially those that lead to significant scarring, disfigurement or disability, can result in much higher payouts due to the extensive medical care, rehabilitation, and long-term impacts on the victim’s life. Based on the specific circumstances of your case, this compensation amount could range from several hundred thousand dollars to potentially millions.
For a precise estimation tailored to an individual case, consultation with a personal injury attorney is typically advisable.
Florida personal injury claims process: Timeline & steps
A guide to help you understand the Florida personal injury settlement process so you know what to expect.
Liability for burn accidents in Miami
If a burn victim wishes to pursue compensation for their losses, they must identify the liable party (the person or entity that caused their injuries). To prove the liable party was negligent in a personal injury lawsuit, they’ll need to demonstrate that the other party failed in their “duty of care” to take reasonable steps to prevent the injury.
Below are some examples of potentially liable parties in a burn injury claim:
Property owners or managers (premises liability)
If the burn injury occurs due to unsafe conditions on a property, such as faulty wiring or inadequate fire safety measures, the property owner or manager can be held liable.
Example: A guest at a hotel suffers burn injuries due to a fire caused by neglected electrical maintenance.
Product manufacturers
(product liability)
If a defective product causes a burn injury, the manufacturer can be held responsible under product liability laws.
Example: A consumer gets burned using a kitchen appliance that malfunctions due to a design flaw.
Service providers
Entities providing services, such as a spa or a restaurant, may be liable if their actions, like using excessively hot materials or equipment, result in a burn injury.
Example: A patron at a restaurant suffers burns from a hot plate that was unsafely handled by the server.
Contractors and builders
If the burn injury is due to poor construction or maintenance work, contractors or builders may be liable for not adhering to safety codes and standards.
Example: A tenant suffers burns from an explosion caused by poorly installed gas lines in their apartment building.
Utility companies
If a utility company fails to maintain safe infrastructure and this negligence leads to a burn injury, the company can be held accountable.
Example: An individual receives an electric shock and burns due to exposed and poorly maintained power lines.
Landlords
Landlords can be held responsible for tenant injuries if they fail to maintain safe living conditions in their rental properties.
Example: A tenant sustains burns from a fire caused by an outdated and malfunctioning heating system that the landlord failed to repair.
Additionally, in Florida, the concept of modified comparative negligence can also play a significant role in determining liability and compensation. This rule reduces the compensation you can receive based on your percentage of fault in the incident.
Here’s an example:
If you were burned by a defective heater but ignored safety warnings provided by the manufacturer, a court might find you 30% responsible for your injuries. If your total damages would have been $100,000, under Florida’s modified comparative negligence, your compensation would be reduced by your fault percentage, which in this case is 30%. So, you would receive $70,000 instead of the full $100,000.
Given the complexities of these cases, partnering with a skilled burn injury lawyer is essential. An experienced attorney will not only help identify the liable parties, whether due to premises liability or a manufacturer’s defect, but also help you navigate Florida’s comparative negligence laws to maximize your compensation.
Workers’ compensation vs personal injury claims for burns
If a fire breaks out at your workplace and causes an injury, then you’re likely entitled to workers’ compensation benefits.
However, if the accident was caused by the negligence of a third party (someone other than your employer), it may also be possible to file a civil lawsuit while simultaneously benefiting from workers’ compensation benefits.
Injured workers may wish to file a personal injury claim if:
- The fire was caused by equipment or a product that was defective, such as a malfunctioning machine or hazardous material.
- The fire was the result of actions by an outside contractor, vendor or another non-employee present at the workplace.
- Their employer is not required by the state to pay out their workers’ compensation.
- They have not received enough workers’ compensation to contend with their losses.
- Their workers’ compensation claim has been denied for unrelated reasons.
- They have been furloughed or unemployed as a result of their injuries and are unable to seek workers’ compensation.
If you suffered a burn injury at work and believe one of these situations applies, contact an experienced personal injury attorney who can help explain your rights and determine which legal avenues may be possible in your case.
How long do I have to file a burn injury lawsuit in Florida?
In Florida, burn victims must typically file a personal injury claim within 2 years of the accident. Failure to file a claim before this statute of limitations expires may prevent you from getting the compensation you’re owed. As such, it is essential for burn victims and their families to consult a seasoned lawyer as soon as possible for help with their claims.
Get help from a Miami burn injury attorney today
If you or a loved one has suffered a burn injury, it’s crucial to take the necessary steps to protect your rights and recover the compensation you deserve.
At Redondo Law, experienced Miami personal injury attorney Mike Redondo is ready to advocate for your rights and well-being. With a deep understanding of the complexities involved in burn injury cases and a history of successfully navigating claims against large corporations, Mike is dedicated to ensuring you receive the full compensation you’re entitled to for both past and future expenses.
Still have questions or want help starting your claim?
Reach out to Redondo Law for a free consultation today by filling out the form below.
