Legal Question in Personal Injury in Florida

Accidentially burned

My 11 year old son was at a neighbors house. The 13 or 14 year old boy was supposed to be waiting for his parents to finish breakfast so they could burn the christmas tree. The boy found a cup of gasoline with a paintbrush in it that was soaking. The boy painted the gas on a piece of plastic then lit the plastic. The flames traveled up the drips of gas into the cup. The cup caught fire and the boy threw the gas which went all over my sons stomach and chest. My son dropped an rolled to try and put out the fire, it wouldn't go out. He then pulled off his shirt and burned his hands and his hair. He was in the hospital 3 days, and is still going back and forth for checkups. Thparents got in touch with their homeowners ins. and the ins. admitted that they are liable. What is my son entitled to for pain and suffering, and if anything else? This isn't the first itme the boy was playing with fire. The boy is also on medication for something. He's 13 or 14 but has the mind of a 11 or 12 year old, so I'm told by his mom. Thank you for your time in this matter.--name removed--


Asked on 2/03/04, 3:16 am

4 Answers from Attorneys

Michael Tobin Michael M. Tobin, P.A.

Re: Accidentially burned

Burn injuries are severely painful and often disfiguring even after plastic surgery. You should document the injury with professional photographs and have the scars evaluated by a plastic surgeon. The case value needs a trial attorney with experience in jury verdicts for similar injuries in your jurisdiction. Any settlement requires court approval for a minor. A lawyer is a necessity. I have handled cases of burns from gasoline and exploding gas tanks and am often called upon by the MIami-Dade Judges to represent injured minors. Call me if you wish to discuss further this serious matter at 305-445-5475 or 305=804-5475 after hours.

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Answered on 2/04/04, 9:44 am
Jason Turchin Accident Victims Rights Attorney Jason Turchin, Esq

Re: Accidentially burned

The parents are liable for his injuries. You may be entitled to recover for his past pain and suffering and future pain and suffering. You should also recover for his prior medical bills and future medical bills. You should have an expert's opinion on what the future medicals will cost. This is a start, but there are other considerations. Kindest regards, Jason

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Answered on 2/03/04, 7:39 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Accidentially burned

Based on the information you have provided, liability is a foregone conclusion. The issue is damages. Under Florida law your son is entitled to past and future pain and suffering and past and future medical bills. We would need to retain an expert to secure an opinion on future medical expenses and perhaps a medical doctor with respect to the permanent nature of the injuries. There are additional factors that should be considered (i.e., the nature and extent of scaring) and you should retain a civil litigator experienced in pursuing these types of claims. I am very interested in speaking with you regarding the possibility of legal representation. Please note that since your son is a minor a guardian ad litem would be appointed by the court if the matter results in litigation, and I would be happy to discuss this with you in more detail if you are interested in retaining our firm.

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Answered on 2/03/04, 12:20 pm
Steven Meyer CPLS, P.A.

Re: Accidentially burned

I am sorry to hear about your son's burns. You should consult a lawyer very soon about this situation. I would be happy to discuss it with you at no charge to you. Please call me toll free at (888) LAW-3542.

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Answered on 2/03/04, 11:06 pm


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