Burn Injury Lawyer
Burn injuries are among the most painful and disfiguring injuries a person can suffer. The road to recovery — if full recovery is even possible — involves surgeries, skin grafts, infection risks, intensive rehabilitation, and lasting emotional trauma. Severe burns often leave permanent scarring that affects not only how you look but how you move, work, and engage with the world. When those injuries result from someone else’s negligence, you have the right to pursue compensation for everything you have lost.
Eric A. Hernandez of HLM Injury Lawyers represents burn injury victims throughout South Florida. He brings more than 25 years of trial experience, a background as a former Assistant U.S. Attorney for the Southern District of Florida, and a clerkship with Chief Justice Charles T. Wells of the Florida Supreme Court. Burn claims — especially those involving defective products, commercial fires, or industrial accidents — often pit victims against insurers and corporations with aggressive defense teams. Eric has faced those opponents before.
If you or a family member has suffered a serious burn injury, call HLM Injury Lawyers at (305) 842-2100 for a free consultation. We represent burn injury victims across Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and throughout Broward County.
Common Causes of Burn Injuries
Burn injuries happen in many kinds of accidents, most tied to someone else’s failure to maintain safe conditions or produce safe products.
Motor Vehicle Accidents: Car and truck crashes can ignite fuel tanks, rupture lines, or trap occupants in burning vehicles — among the most catastrophic causes of burn injury.
Explosions: Gas leaks, propane tank failures, and industrial explosions can produce thermal burns, blast injuries, and inhalation damage at once. Many trace back to negligent maintenance or defective equipment.
Chemical Burns: Exposure to caustic substances — acids, alkalis, industrial solvents, cleaning agents — can burn skin and airways. These injuries occur in workplace accidents and in incidents involving improperly stored or labeled hazardous products.
Premises Fires: Fires in apartment buildings, hotels, commercial properties, and rental units are often preventable. Inadequate sprinkler systems, blocked exits, missing smoke detectors, and fire code violations can all support a premises liability claim.
Defective Products: Faulty appliances, malfunctioning electronics, defective vehicle fuel systems, and unsafe consumer products cause burn injuries every year. When a product ignites because of a design flaw or manufacturing error, the manufacturer and others in the supply chain may be liable.
Workplace Accidents: Electricians, welders, construction workers, and those in industrial settings face daily burn hazards. When an employer fails to maintain safety standards or provide proper protective equipment, your legal options may extend beyond workers’ compensation.
Degrees of Burns and Why Severity Matters
The severity of a burn shapes the nature and extent of your damages — and the complexity of your case.
First-Degree Burns: These affect only the outermost layer of skin (the epidermis), producing redness and pain. They typically heal on their own and leave no permanent scarring.
Second-Degree Burns: These reach the second skin layer (the dermis) and cause blistering, pain, and swelling. Deeper second-degree burns can scar and may require skin grafting.
Third-Degree Burns: These destroy all layers of skin and may damage underlying tissue, nerves, and muscle. They require surgery, often extensive skin grafting, and regularly cause permanent scarring, disfigurement, and loss of sensation.
Fourth-Degree Burns: These extend below the skin into fat, muscle, and bone. They are life-threatening and frequently result in amputation or permanent disability.
The severity of a burn informs every element of your damages claim — from past and future medical treatment to the long-term impact on your ability to work and enjoy life.
Scarring, Disfigurement, and Your Claim
Permanent scarring and disfigurement are compensable damages in Florida burn injury cases — and they matter in another way. To step outside the no-fault Personal Injury Protection (PIP) system and bring a direct claim against an at-fault party, Florida law requires a serious injury, and significant scarring or disfigurement qualifies.
So even if you survive a burn with relatively controlled medical costs, the permanent visible impact — on your face, hands, arms, or other areas — supports a substantial damages claim. Pain and suffering, emotional distress, and loss of enjoyment of life are recoverable on top of economic damages. Courts and juries understand that severe burn scarring carries profound, lifelong consequences.
Steps to Take After a Burn Injury
Seek Emergency Medical Care: Burn injuries require immediate treatment to prevent infection, manage pain, and limit long-term damage. Emergency records also establish the injury record your claim depends on.
Preserve the Cause of the Injury: Where possible, keep the defective product, photograph the scene, and gather witness information. If a fire caused the burn, do not let the scene be altered until it has been documented.
Follow All Medical Treatment: Skin grafts, wound care, physical therapy, and psychological support may all be part of your recovery. Consistent treatment strengthens your claim and reflects the true scope of what you have endured.
Consult an Attorney Before Talking to Insurers: Whether the claim involves a product manufacturer, a property owner, or another driver, insurers look for ways to limit your recovery. Have an attorney review any settlement offer before you respond.
Florida Law and Burn Injury Claims
Statute of Limitations: Florida’s 2023 tort reform law (HB 837) reduced the statute of limitations for negligence claims to 2 years from the date of the accident — down from the prior 4-year period. Waiting is always a risk, so contact an attorney promptly to preserve your claim.
Serious Injury Threshold: As noted above, significant scarring or disfigurement is one of the recognized bases for meeting Florida’s serious injury threshold, which lets you bring a direct claim against an at-fault party outside the no-fault PIP system.
Modified Comparative Negligence: Florida’s modified comparative negligence rule applies to burn injury claims. If you are found 51% or more at fault for the circumstances that caused your injury, you cannot recover. Below that threshold, your recovery is reduced in proportion to your percentage of fault — and a plaintiff who is exactly 50% at fault can still recover.
Why Hire Eric Hernandez for Your Burn Injury Case
- A Prosecutor’s Perspective: Burn cases involving defective products, commercial fires, or industrial accidents demand the ability to investigate institutions and demand accountability. Eric’s years as a federal prosecutor give him exactly that skill set — he knows how to pursue evidence, depose corporate witnesses, and build a case that holds up in court.
- Direct Attorney Access: You work directly with Eric throughout your case. He knows your injuries, your treatment, and your losses, and he answers your questions at every stage.
- Trial-Ready Representation: Serious burn cases require a lawyer prepared to try the case if settlement fails. Eric has more than 25 years of trial experience and admission to the U.S. Supreme Court Bar — courtroom credibility that shapes how the other side evaluates your case.
- Bilingual Service / No Fee Unless We Win: HLM Injury Lawyers serves clients in English and Spanish. We take burn injury cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you.
Frequently Asked Questions
Can I sue if I was burned in a car accident caused by someone else?
Yes. If another driver’s negligence caused a crash that left you with burn injuries, you have a personal injury claim against that driver. Because burn injuries frequently qualify as serious under Florida’s threshold, you are not limited to PIP coverage.
What if a defective product caused my burn?
You may have a products liability claim against the manufacturer, distributor, or retailer. Florida recognizes strict liability for defective products — you do not necessarily have to prove the manufacturer was careless, only that the product was defective and caused your injury.
Can I recover for scarring even if I did not lose income?
Yes. Scarring and disfigurement are compensable damages separate from economic losses like lost wages. Pain and suffering, emotional distress, and the impact of disfigurement on your daily life are all recoverable, whether or not you missed work.
What if I was burned at a rental property or hotel?
Property owners and operators have a duty to maintain safe premises, comply with fire codes, and provide working safety systems. If a fire or explosion on their property injured you because of their negligence or code violations, you may have a premises liability claim.
How is pain and suffering calculated in burn cases?
There is no fixed formula. Factors include the severity and extent of the burns, the length of treatment and recovery, the permanence of scarring or functional limitations, and the impact on your daily life, relationships, and mental health. These are presented to a jury or negotiated with an insurer based on the full evidence.
What if I was partially at fault for the burn accident?
You may still recover under Florida’s modified comparative negligence rule, as long as you are found less than 51% responsible. Your compensation is reduced by your share of fault, but you are not barred from recovery unless your responsibility reaches 51% or more. A plaintiff who is exactly 50% at fault can still recover.
Contact HLM Injury Lawyers — Free Consultation
Burn injuries demand serious legal representation — the physical and financial stakes are too high for anything less. Call HLM Injury Lawyers at (305) 842-2100 for a free consultation, or visit hlminjurylawyers.com. We serve burn injury victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.
Free consultation. No fee unless we win.