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Whether you’re visiting the area and taking in the sights or you live and work here, San Bernardino offers entertainment and activities for all types of personalities. Unfortunately, the more that an area offers, the more risks are present. Burn injuries can result from a variety of different activities and can lead to life-altering complications.
If you have suffered a severe burn injury in San Bernardino as a result of someone else’s carelessness or recklessness, California law allows you the right to recover damages related to your injury. However, this is often a complex process filled with many questions. Here are answers to some of the questions our San Bernardino clients ask most frequently.
Those who have suffered a burn injury in San Bernardino that was caused by someone else’s careless or reckless behavior—known as negligence—can recover the expenses they have incurred as a result of their injury and be compensated for the impacts that the injury has had on their life through a San Bernardino burn injury lawsuit. This lawsuit is a legal claim filed in civil court that seeks to prove who was legally responsible for the accident that resulted in injury and show the expenses and impacts that the injury has created.
“Damage” is a legal term that refers to payment for an act that resulted in physical harm. California allows claimants in San Bernardino burn injury actions to claim both economic and non-economic damages.
Economic damages refer to the out-of-pocket expenses you face as a result of your injury, such as:
Non-economic damages refer to the impacts that the injury has on your life. Some of the common damages sought in this category include:
Likely your landlord would be responsible for a fire that was caused by faulty wiring. Property owners have the legal responsibility to ensure that their property is free from hazards that they knew or reasonably should have known existed that can cause injury to guests. However, there are other potentially liable parties too, including the individual or entity who performed electrical work on the building. An experienced burn injury attorney will carefully review your case to determine all sources of liability. You prove liability by establishing:
Call us. Chemical burns take place when an individual’s skin comes in contact with strong acids, solvents, or detergents. This type of burn is a common workplace injury in some manufacturing jobs, and can also be experienced in motor vehicle accidents when gasoline and other fluids that leaked from the car make contact with a person’s skin. This is a common type of burn, and you can recover compensation from one, as well as from:
There is no “average” settlement, as settlement amounts are based on the unique impacts and expenses experienced by an individual in a specific case. However, several factors can affect the amount you are eligible to receive for your injury, including:
Doctors categorize burn severity by degrees:
It depends, and both processes could provide compensation. California’s worker’s compensation program is a mandatory insurance program that requires most employers in the state to purchase an insurance policy on behalf of their employees that provides wage loss and medical benefits if an individual is injured on the job. This policy can provide benefits regardless of fault. It prevents workers and their employers from going through a lengthy legal process in which the worker must prove that the employer or some other person was liable for his or her injuries. However, if a third party caused your injury—that is, someone other than your employer, yourself, or your coworker—you can pursue compensation through the San Bernardino burn injury claims process. An example of a third party with liability for a workplace injury would be a delivery driver who was burned in an accident caused by a third-party motorist during his or her employment.
Severe burns often cause medical complications, even long after the initial injury has healed. Some of those complications, such as keloids—which are an overgrowth of scar tissue—as well as significant scarring and scar tissue that results in tightening of the skin around jointed areas can necessitate future surgical treatments. When determining damages, your attorney will rely on testimony from your physician as to the likelihood that you will need further medical treatments to address these complications.
For the most part, the Internal Revenue Service does not consider a settlement as income and does not tax it. However, if your award includes punitive damages, just that portion can be subject to tax. Punitive damages are damages that are awarded not as payment for expenses and impacts incurred by the injury but rather as a way to punish the particularly reckless behavior of the defendant. Additionally, if you claimed your medical expenses as a tax deduction before receiving an award that included payment for medical expenses, you will need to repay that deduction. You may wish to hire an accountant to file your tax return after recovering a settlement or judgment to ensure compliance with state and federal requirements.
Actually, you can afford our San Bernardino burn injury attorneys. We provide two special services to assist those who need an attorney’s guidance but can’t afford it:
Beyond the free case evaluation and the contingent fee, your experienced San Bernardino burn injury attorney can provide many other services focused on assisting you in your case. Those services include:
The experienced San Berardino burn injury lawyers at Gomez Trial Attorneys have a successful track record with burn cases. Some of our recent case results include:
Let us help you understand your legal options.
If you or a loved one sustained a serious burn injury in San Bernardino due to someone else’s careless, reckless, or intentional conduct, you may have the right to receive substantial financial compensation. Contact Gomez Trial Attorneys online or at (619) 237-3490 for a free case evaluation to learn more.
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