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Home » Tampa Catastrophic Injuries Attorneys: Palmer Lopez » Can I File a Lawsuit for Severe Burns in Florida?
Severe burns

Can I File a Lawsuit for Severe Burns in Florida?

A guide to burn injury lawsuits and compensation in Tampa due to driver negligence or medical mistakes

Key points about burn injuries and Florida lawsuits:

  • Burns are classified by how deeply they damage the skin and underlying tissue, with deeper burns carrying a higher risk of permanent damage.
  • Florida’s no-fault insurance system limits when car crash victims can sue, but severe burn injuries may qualify as exceptions.
  • Permanent scars on visible areas, functional limitations, painful or raised scars, and disfigurement can meet Florida’s serious injury threshold.
  • Florida law also recognizes burns as severe based on body coverage, including second- or third-degree burns over 25% of the body or third-degree burns over 5% of the face or hands.

Severe burn injuries aren’t just painful. They often require extensive medical treatment and leave permanent scarring that can change how you work, move, and function in life. For many people in Tampa, these injuries happen suddenly in a vehicle accident or as the result of a medical error that never should have occurred.

When a serious burn injury is caused by someone else’s negligence (whether another driver, a trucking company, or a medical provider), Florida law allows you to seek compensation for medical bills, future treatment, lost income, and the long-term physical and emotional impact of the injury.

In this article, we’ll explain how burn injury claims work in Florida, when you may have a case after a crash or medical mistake, and what factors affect the value of a burn injury claim. 

If you or a loved one is living with the consequences of a severe burn, schedule a free consultation with the Tampa catastrophic injury attorneys at Palmer Lopez.

We can help you explore your legal options and get you the full compensation you deserve.

How are burns classified?

Burns are classified based on how deeply the skin and underlying tissue are damaged, not just how they look on the surface. 

While many people still use terms like “first-, second-, and third-degree” when discussing burn levels, medical professionals more often describe burns according to their depth because that gives a clearer picture of how serious the injury is and what kind of treatment is required.

The main categories of burns are:

  • Superficial burns. These affect only the outer layer of skin, called the epidermis. They are usually minor and heal without medical intervention.
  • Partial-thickness burns. These extend beyond the surface and damage the second layer of skin, called the dermis. They are more painful, often blister, and may require medical care.
  • Full-thickness burns. These destroy both layers of skin and extend into the subcutaneous (fatty) tissue beneath. They are severe injuries that almost always require specialized treatment.
  • Deep tissue burns. In rare but catastrophic cases, burns reach muscle, nerves, or bone. These injuries are sometimes referred to as fourth-degree burns.

The deeper the burn, the higher the risk of permanent scarring, nerve damage, infection, and long-term disability.

When can I sue after a burn injury in Tampa?

You may be able to sue after a burn injury if negligence played a role in how the injury happened. In Tampa, many serious burn injuries are not unavoidable accidents. They occur because someone failed to follow safety rules, medical standards, or basic precautions that were meant to protect you.

Severe burn injuries commonly lead to lawsuits when they are caused by:

  • Car accidents. Vehicle crashes can cause fires, explosions, or severe contact burns, especially during head-on collisions or rollover crashes if fuel systems fail or vehicles ignite after impact.
  • Motorcycle accidents. Riders are especially vulnerable to burns from fuel leaks, hot engine components, road friction (commonly called road rash), and post-crash fires because they lack the physical protection of an enclosed vehicle.
  • Truck accidents. Commercial crashes are a major source of catastrophic burns, particularly when trucks are carrying flammable or hazardous materials. Improper loading, unsecured chemical cargo, poor maintenance, or safety violations can lead to fires or chemical burns during a collision.
  • Medical negligence. Doctor errors, surgical mistakes, nursing negligence, and poor supervision during procedures can all lead to serious, preventable burn injuries. Examples include administering radiation therapy at unsafe levels, performing laser procedures with incorrect settings, applying chemical agents improperly during medical or cosmetic treatments, and failing to monitor skin contact with hot equipment. 
  • Hospital negligence. Hospitals and medical facilities may be responsible when burns result from unsafe equipment, improper chemical handling, overheated devices, improper training, or staff errors during care.

Please note that Florida law limits when accident victims can file lawsuits after motor vehicle crashes.

Because Florida is a no-fault state, you can only sue under certain circumstances. How those rules apply to burn injuries depends on the severity of the harm and how the injury occurred, which we’ll discuss below.

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What qualifies as a severe burn after a Florida car accident?

After a Florida car accident, a burn is considered severe if it meets the state’s legal definition of a “serious injury.” This matters because Florida law limits when you can step outside the no-fault system and sue the at-fault driver.

Under Florida Statutes § 627.737, a burn may qualify as severe if it results in “significant and permanent scarring or disfigurement.”

In burn injury cases, this often includes:

  • Permanent scars on visible areas such as the face, neck, hands, or arms, where the injury affects appearance, confidence, or daily interactions.
  • Scarring that interferes with movement or function, such as burns that limit flexibility, grip strength, or normal use of a body part.
  • Large, raised, painful, or medically permanent scars, even if they are located on areas usually covered by clothing.
  • Disfigurement that alters normal appearance, including skin graft sites, texture changes, or color loss that doctors classify as permanent.

The focus is not just on how the burn looks right after the crash, but on whether it leaves lasting physical and emotional effects. 

If your burn injury meets this serious injury threshold, you may be able to pursue a claim against the at-fault driver to cover damages beyond what your personal injury protection (PIP) insurance covers.

What percent is considered a severe burn under Florida law?

Under Florida Statutes §960.03, a burn is generally considered severe when it involves:

  • Second-degree or third-degree burns covering 25% or more of the total body surface area.
  • Third-degree burns covering 5% or more of the face or hands, even if the overall body percentage is lower.

These thresholds recognize that burns affecting large areas of the body or critical, highly visible, and functional areas like the face and hands can cause permanent damage, disfigurement, and long-term impairment.

Meeting these criteria can be important when determining whether a burn qualifies as a serious injury under Florida law and whether additional legal remedies may be available beyond basic no-fault benefits after a car accident.

How much compensation do you get for a burn?

The value of a burn claim depends on how severe the injury is, how much of the body is affected, and how the burn changes your life going forward. Severe burns almost always increase the value of a claim because they cause permanent, costly, and life-altering harm.

Compensation in a burn injury case may include:

  • Medical expenses. This covers emergency care, hospital stays, surgeries, skin grafts, burn unit treatment, medications, and follow-up care.
  • Future medical treatment. Severe burns often require ongoing care, including additional surgeries, scar revision, physical therapy, occupational therapy, and long-term wound management.
  • Lost income. You can recover wages you missed while recovering and future lost earning capacity if the burn limits your ability to work.
  • Pain and suffering. Burns are among the most painful injuries a person can experience. Compensation may increase based on the intensity, duration, and permanence of that pain.
  • Scarring and disfigurement. Permanent scars, especially on visible areas like the face, neck, arms, or hands, can significantly raise the value of a claim.
  • Emotional distress. Severe burns often cause anxiety, depression, PTSD, sleep issues, and loss of confidence, particularly when appearance or mobility is affected.
  • Loss of enjoyment of life. If the burn prevents you from returning to hobbies, daily activities, or normal routines, you can be compensated for that loss.
  • Disability or loss of function. Burns that limit movement, grip strength, or mobility can increase damages substantially.

To strengthen your burn injury claim, you’ll want to document not only your medical treatment and lost income but also how the injury continues to affect your work, relationships, confidence, and daily life after the accident.

Looking for an experienced burn injury lawyer in Tampa?

Burn injuries are complex cases that often involve serious medical issues, long-term consequences, and powerful insurance companies or healthcare providers pushing back. That’s why experience matters. 

The Tampa catastrophic injury lawyers at Palmer Lopez have extensive experience handling cases involving serious burn injuries and wrongful death from car accidents and medical malpractice cases.

As a local Tampa firm, we know the hospitals, medical providers, courts, and insurers involved in these claims, and we understand how to build strong cases that account not just for immediate medical care but for permanent scarring, future treatment, lost income, and the emotional toll of living with a severe burn.

If you or a loved one suffered a serious burn that never should have happened, contact Palmer Lopez today for a free consultation and learn how our local legal team can help you get the justice and compensation you’re owed.

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