What Do I Have to Prove to Win a Distracted Driving Accident Case?

Most distracted driving accident cases are based on the legal theory of negligence. To prove a negligence claim, you must prove the following four legal elements: The other driver owed you a duty of care - All drivers have a legal responsibility to pay attention while driving and to follow the law so they do not cause accidents with others. You can point to the specific rules the at-fault driver was supposed to follow. The other driver violated the duty of care - Next, you must show how the other driver violated their legal duty, such as texting while driving in violation of state law. The other driver’s breach of the duty of care caused the accident - You must connect the distractions and the accident. You suffered damages because of the accident - You must provide receipts or other proof that you suffered damages for which a court can compensate you. Personal injury attorneys can determine the evidence that will best prove your case, such as photos or videos of the accident, cell phone records, witness statements, or accident reports.

What Is My Distracted Driving Accident Case Worth?

Every car accident case is different, so there is no specific amount of financial compensation you can expect to recover after yours. The potential value of your claim depends on various factors, such as: The type and severity of the injury you sustained Whether your injuries resulted in permanent disabilities or impairments The duration of your medical treatment The extent of your pain and suffering Whether you contributed to the accident The insurance coverage available Whether your case settles or goes to trial The best way to determine your case’s value is to consult an experienced attorney.

How Much Does It Cost to Hire a Car Accident Lawyer?

The personal injury attorneys at Gould Cooksey Fennell Law Firm work on a contingency-fee-basis. Under this fee agreement, you do not have to pay for our legal services unless and until we recover compensation for you. We receive a percentage of any settlement or financial award we recover on your behalf. We can explain more about how this works when you call for a free consultation.

What Is the Deadline to File a Personal Injury Lawsuit?

In Florida, personal injury victims must file a lawsuit within two years of the accident date to preserve their right to compensation. If they miss this deadline, they can lose their opportunity to recover compensation for the wreck. Protect your rights by working with an experienced lawyer who can manage your case deadlines.

Vero Beach Burn Injury Lawyers

Vero Beach, FL

Burns are excruciating injuries, often sensitive to touch. They can also leave behind visible scars that are painful emotional reminders of the tragic incident that led to the injury. Knowing that someone else’s negligence is responsible for your burn injuries can compound the pain you feel.

If you suffered a serious burn injury because of someone else’s carelessness, you have legal options for holding the at-fault parties accountable for their inactions. The burn injury lawyers at Gould Cooksey Fennell Law Firm can discuss them with you during a free case review. We look forward to meeting with you and discussing how we can help.

Who Is Responsible for Burn Injuries in Florida?

Personal injury victims can pursue compensation from the parties legally responsible for their injuries. This is usually the negligent party who was responsible for the fire or other cause of the burn and who failed to exercise reasonable care to prevent the burn from occurring.

Depending on the circumstances, liable parties may include:

Motorists
Property owners
Employers
Product manufacturers
Mechanics

An experienced burn lawyer can review your case and explain who should compensate you for your injuries.

What Financial Compensation Can I Recover from a Burn Injury Caused by Negligence?

Burn injuries can cause extensive financial harm to victims. The medical costs alone can be exorbitant and may include:

Ambulance rides
Emergency treatment
Hospital stays
Imaging tests
Surgeries
Specialist visits
Follow-up care
Physical therapy
Reconstructive surgery
Rehabilitation
Prosthetics and medical devices
In-home care
Nursing care
Medications

Burn injury victims can seek compensation for these medical expenses, as well as other losses, such as:

Lost wages
Disability and impairments
Reduced earning capacity
Loss of quality of life
Pain and suffering
Emotional distress
Disfigurement

Let the experienced attorneys at Cooksey Fennell Law Firm fight for the compensation you deserve.

Can I Still Recover Compensation If I Am Partially Responsible for the Accident?

Some burn injury victims do not pursue a claim for compensation because they think they were partially at fault. However, you should know that Florida’s modified comparative fault system allows you to recover compensation for accidents in which you were partially at fault as long as you are not deemed more than 50% at fault for the accident.

Your compensation can be reduced proportionately to your degree of fault. For example, if you are found to be 25% at fault for the accident, your damages can be reduced by 25%. However, this still allows you to collect the remaining 75% of the damages you are entitled to.

How Much Is My Burn Injury Claim Worth?

Every personal injury case is different. Burns may impact victims in different ways. Some may only be minor, while others may be life-altering. An experienced lawyer can review your case, assess how the injuries have affected you and will throughout the remainder of your life, and work with experts to determine an accurate value of your case.

How Can Gould Cooksey Fennell Help?

Burn injury lawyers are legal professionals who have an in-depth understanding of how burn injuries impact the daily lives of survivors and the legal pathways to recovering compensation for them. A burn injury lawyer can help your case by:

Conducting a thorough investigation to determine how the burn injury occurred, identify parties responsible, and gather critical evidence to support your personal injury case
Accurately assessing damages so you do not take a settlement offer from the insurance company that does not consider the long-term impact of your injuries and future needs
Negotiating with insurance companies on your behalf for maximum compensation
Litigating the case when insurance companies fail to make a fair settlement offer

What Is the Burn Injury Lawsuit Filing Deadline in Florida?

Like with other personal injury cases, the deadline to file a lawsuit is two years from the date of the accident. If you do not file your case within this statute of limitations, you can forfeit your right to compensation.

Types of Burns

Different types of burns can occur. Each has its risks and possible medical treatments.

Thermal Burns

A thermal burn occurs when the skin comes into contact with a hot object, such as a flame, steam, scalding liquid, or other heat sources. Thermal burns are common in explosions, building fires, defective appliances, and workplace accidents.

Chemical Burns

A chemical burn happens when the skin is exposed to a corrosive substance, such as acid, detergent, alkali, cleaning agent, or toxic chemical. Chemical burns can occur in the workplace, laboratory, or other setting. They can affect the skin and eyes.

Electrical Burns

Electric currents from tools, electronics, power lines, equipment, or other electric items can cause shocks that burn a person’s skin. An electrical burn can severely damage the skin, as well as internal organs like the heart and brain.

Friction Burns

A friction burn occurs when a hard object or surface rubs or scrapes at the skin, such as pavement, when a motorcyclist crashes.

Radiation Burns

A radiation burn derives from overexposure to the sun, x-rays, or other forms of radiation.

Degrees of Burns

Burns range in degrees of severity. Some burns can be treated with basic first aid, while severe burn injuries can cause permanent damage. Burn injuries generally fall into the following categories:

First-Degree

A first-degree burn damages only the top layer of the skin called the epidermis. First-degree burns generally do not require extensive medical intervention. A mild sunburn is an example of a first-degree burn.

Second-Degree

A second-degree burn causes damage to the epidermis and the dermis, the layer of skin immediately under the epidermis. Depending on the burn, damage may be superficial or deep. Signs of a second-degree burn include skin that is:

Bright red
Swollen
Dry
White
Shiny
Wet
Blistered

These burns can leave behind scarring or a permanent change in the skin’s color. Burn victims with this type of injury may take several weeks to heal. Some burn injury victims require skin grafts to repair their skin.

Third-Degree

A third-degree burn destroys the epidermal and dermal layers of skin and extends into the tissue underneath. Third-degree burn victims may not experience pain due to this level of burn because it can cause nerve damage, cutting off messages between the skin and the brain. Some third-degree burns affect internal organs and tissues. Skin with this level of burn appears charred and leathery.

Depending on the circumstances, third-degree burns may result in amputation or limit the functionality of a limb or other body party. Third-degree burns may require skin grafts or other surgeries to treat. These burns can sometimes necessitate long-term medical care.

Fourth-Degree

A fourth-degree burn extends even farther than a third-degree burn to the bone and muscle. Fourth-degree burn injury victims may lose function in the burned area. These life-threatening burns require immediate medical attention. These burns do not always heal and can permanently alter the victim’s appearance.

More severe burns are generally not survivable.

If you suffered severe burn injuries because of someone else’s negligence, you have the right to pursue monetary compensation for the medical bills, debilitating pain, and other losses you have experienced. Our experienced burn injury lawyers can review your case and determine all negligent parties.

What Are Common Causes of Burns in Florida?

Burns can occur for various reasons. Leading causes of burns include:

Residential fires – According to the U.S. Fire Administration, cooking was the leading cause of residential fires, responsible for 51% of all residential fires that fire departments responded to. Heaters are the second leading cause of fire.
Commercial fires – Fires can also occur in commercial settings, including restaurants. They can also occur in multi-family units, posing a risk to many tenants and visitors.
Motor vehicle accidents – Car accidents, motorcycle accidents, and bicycle accidents involving motor vehicles can result in serious burn injuries in the event of an explosion or if a hot car part comes into contact with the skin.
Workplace injuries – Exposure to corrosive chemicals and other abrasive materials can result in serious burns. Those in the construction industry are at an increased risk of coming into contact with live wires or otherwise being burned on the job.
Radiation exposure – This can occur at medical offices, hospitals, and other sites.
Defective products – Electrical appliances and other gadgets that are defectively designed can cause electrical burns or catch fire. The U.S. Fire Administration reports that electric dryers were responsible for 2,900 fires in residential buildings in a recent three-year period.
Arson – Sadly, some people intentionally set fires to burn buildings or other property with no regard for the safety of others.

At Gould Cooksey Fennell Law Firm, our trial attorneys work with fire investigators and expert witnesses to help determine how the burn happened and identify all responsible parties.

Complications of Burn Injuries

Burn injuries can have a devastating effect on victims. Some of the complications that can arise due to these injuries include:

Infection

When the skin is broken, it is vulnerable to bacteria infiltrating the body. Severe burns that extend through multiple layers of skin increase the likelihood that harmful bacteria will seep in, causing infection. This infection can get into the wound site and the bloodstream, potentially causing septic shock that results in the organs shutting down.

Scarring

Many burns result in scars that permanently alter the victim’s appearance and serve as an upsetting reminder of the traumatic event. Some scarring can cause limited mobility. Scarring can also cause psychological and emotional trauma that alters a burn injury victim’s perception of themselves. Sometimes, this psychological trauma outlasts the physical pain of the burn.

Other Complications

Burns can have life-threatening effects and other consequences that affect a victim’s daily life, including:

Limb loss
Disfigurement
Chronic pain
Loss of sensation
Limited mobility
Emotional trauma
Depression
PTSD
Respiratory problems
Shock
Nerve damage

Our law firm represents individuals who have suffered catastrophic injuries. Contact us to learn how we can make things right for you.

Medical Treatment for Burn Injuries

Burn injury victims may require different phases of treatment, which may include:

Emergency Treatment

Patients with serious injuries from burns may require emergency treatment. Medical professionals may need to remove the burned skin and tissue. They may also need to provide treatment for smoke inhalation. This emergency treatment may lead to hospitalization.

Surgery

Healthcare providers may complete an initial surgery. Additional surgeries may be necessary to reduce or eliminate scarring that interferes with the victim’s activities of daily living.

Skin Grafts

Skin grafts are a common treatment option for people with severe burn injuries. This process uses a person’s healthy skin to replace the damaged area with the skin. Patients must be given fluids through an IV to prevent shock and dehydration.

Wound Care

Burn wounds require frequent cleaning and monitoring. A healthcare provider may check on the wound and redress it to prevent infection. The patient may need a tetanus shot and antibiotics. These treatments are often painful.

Therapy

Victims may need to complete physical therapy to increase their mobility. Additionally, they may require psychological counseling to deal with the disfigurement and trauma of the experience.

Reconstructive Surgery

The victim may need multiple reconstructive surgeries to minimize the effects of scars and to restore their former appearance.

These are costly medical procedures, but a burn injury victim may be able to pursue a compensation claim from the parties responsible for their injuries.

Contact Our Burn Injury Lawyers Today for a Free Consultation

If you or a loved one suffered a serious burn injury in an accident you did not cause, contact Gould Cooksey Fennell Law Firm today. Our sensitive and caring team can discuss your situation, the impact the accident has had on your life, and your goals for obtaining maximum compensation against the parties responsible for your injuries. Contact us for a free case review. We do not charge a fee unless we recover compensation for you.

FREE BURN INJURY CONSULTATION

No Fee Until We Win
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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.

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My experience with Gould Cooksey Fennell was everything I could have wanted during the stressful period of settling my automobile accident claim. The attorneys and staff were thoughtful and caring concerning my injuries and highly skilled in reaching a more than satisfactory settlement.

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Very professional and caring. Everyone you deal with there from when you walk in the door are very polite. Here you feel at home. They check on you to make sure you’re ok. They make going through a rough case simple . The amount of hard work this office puts in definitely shows. Awesome people with great results.

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