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Personal Injuries

Burn Injury
Dog Bite
Wrongful Death
Burn Injury

Burn Injuries

Burn injuries are among the most painful and traumatic injuries a person can experience. In addition to physical pain, burns often leave emotional and psychological scars that can last a lifetime.

At WernikLaw, we understand how devastating these injuries can be, and we’re here to help you pursue justice, healing, and the compensation you deserve.

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Types of Burn Injuries

Burns are classified by degrees, depending on the severity of the damage:

 

  • First-degree burns affect the outer layer of skin and usually heal without long-term consequences.

  • Second-degree burns go deeper and can cause blistering, swelling, and more intense pain.

  • Third-degree burns destroy all layers of skin and may damage underlying tissues, often requiring skin grafts and extensive medical care.

  • Fourth-degree burns reach muscle or bone and are often life-threatening.

The more severe the burn, the more complex the treatment – and the more important it is to have experienced legal support on your side.

 

Common Causes of Burn Injuries

 

  • House or apartment fires due to faulty wiring or lack of smoke detectors

  • Car accidents where fuel ignites or airbags deploy improperly

  • Workplace accidents involving chemicals, heat, or electricity

  • Defective products such as appliances, electronics, or flammable clothing

  • Restaurant or food service accidents (e.g., scalding beverages, grease fires)

If your injury was caused by unsafe conditions or someone else’s mistake, you may have a strong personal injury claim.

 

Physical, Emotional, and Financial Impact

 

Severe burn injuries can require:

 

  • Emergency care and hospitalization

  • Pain management and infection control

  • Surgeries, including skin grafts and reconstructive procedures

  • Physical therapy and rehabilitation

  • Psychological counseling for trauma and body image issues
     

The financial costs can be enormous – and the emotional toll even greater. We help clients pursue compensation not only for medical bills, but for the long-term effects on their quality of life.

 

What You May Be Entitled to Recover

 

At WernikLaw, we fight to recover full and fair compensation for burn injury victims, which may include:

 

  • Medical expenses (past, present, and future)

  • Lost income and reduced earning capacity

  • Pain and suffering

  • Disfigurement and scarring

  • Emotional distress

  • Costs of ongoing care or home modifications
     

We work with top medical and financial experts to present a clear picture of your needs.

 

Schedule a Free Consultation

 

If you have been affected by or have questions about burn injuries, contact WernikLaw for a free consultation. We’ll listen to your story, answer your questions, and help you move forward with strength.

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Dog BItes

Dog Bites: What to Do After an Attack

A dog bite can happen suddenly and leave lasting physical and emotional scars. Whether it’s a child bitten at a park or an adult attacked in a neighbor’s yard, these incidents are serious– and often preventable. At WernikLaw, we help dog bite victims hold negligent owners accountable and recover the compensation they need to heal.

 

California Dog Bite Law: What You Should Know

 

In California, dog owners are strictly liable for most bite injuries. That means the owner is usually responsible even if the dog has never bitten anyone before or shown signs of aggression.

 

To bring a claim, you generally need to show:

 

  • The bite occurred in a public place or while you were lawfully on private property

  • The bite caused injury

  • The person you’re suing owns the dog

 

This is a powerful protection for victims– but insurance companies may still try to downplay the injury or shift the blame. That’s where we come in.

 

Common Injuries from Dog Bites

 

Dog bites can lead to a wide range of injuries, some of which require ongoing care or surgery:

 

  • Deep cuts or lacerations

  • Puncture wounds

  • Nerve damage

  • Infections (such as rabies or tetanus)

  • Scarring or disfigurement

  • Emotional trauma, including PTSD– especially for children

Even a “minor” bite can lead to complications that deserve serious legal and medical attention.

 

What to Do After a Dog Bite

 

Taking the right steps early can protect your health and your legal rights:

 

  1. Seek medical attention immediately, even if the bite seems minor

  2. Report the incident to your local animal control or police department

  3. Identify the dog and its owner

  4. Take photos of the injuries and location

  5. Document everything, including medical visits and any missed work

  6. Contact a personal injury attorney to explore your options

The sooner you speak with a lawyer, the better your chances of building a strong case.

 

Who Is Liable for a Dog Bite?

 

In most cases, the dog’s owner is financially responsible. If the bite occurred on someone else's property – like an apartment complex or business – the parties may also share liability if they failed to maintain a safe environment.

 

We’ll help identify all responsible parties and pursue full compensation through insurance or litigation if needed.

 

What Compensation Can You Recover?

 

If you’ve been injured by a dog bite, you may be entitled to damages for:

 

  • Medical bills

  • Future treatment (such as scar revision or therapy)

  • Lost wages

  • Pain and suffering

  • Emotional distress

  • Disfigurement or permanent injury

 

At WernikLaw, we’ll evaluate the full impact of your injuries and fight for the compensation you deserve.

 

Schedule a Free Consultation with WernikLaw

 

If you have been affected by or have questions about dog bite cases, contact WernikLaw for a free consultation. We’re here to answer your questions and protect your rights.

WRongful Death

Understanding Wrongful Death and Survival Actions in California

Losing a loved one due to someone else’s negligence is heartbreaking and often financially overwhelming. In California, two legal options can help families seek justice: wrongful death and survival actions. While they may stem from the same incident, these are distinct claims with different purposes, beneficiaries, and types of damages.

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What Is a Wrongful Death Claim?

 

A wrongful death claim is brought by surviving family members when a loved one dies due to another’s negligent, reckless, or intentional act. Common causes include:

 

  • Vehicle and pedestrian accidents

  • Workplace incidents

  • Defective products

  • Medical malpractice

  • Criminal acts

 

Who can file:

 

The deceased’s spouse, domestic partner, children, or other heirs per California intestate succession laws.

 

Damages may include:

 

  • Loss of financial support and household services

  • Funeral and burial expenses

  • Loss of companionship and guidance

What Is a Survival Action?

 

A survival action is filed by the estate to recover damages the decedent could have claimed had they survived.

 

Damages may include:

 

  • Medical bills and lost wages before death

  • Property damage

  • Pain and suffering (allowed since SB 447 in 2022)

  • Punitive damages (for especially egregious conduct)

Filed by: The estate’s personal representative or a successor in interest.

 

Key Differences Between Wrongful Death and Survival Action

 

  • Who files the claim:

    • Wrongful Death: Filed by surviving family members (e.g., spouse, children, legal heirs).

    • Survival Action: Filed by the deceased person’s estate representative or a legal successor.

  • Who receives compensation:

    • Wrongful Death: Benefits the surviving family members directly.

    • Survival Action: Benefits the estate; damages are distributed according to the will or California intestate succession laws.

  • What damages are recovered:

    • Wrongful Death: Covers survivors’ losses– including loss of financial support, funeral expenses, and emotional suffering.

    • Survival Action: Covers harm suffered by the decedent before death– such as medical bills, lost wages, pain and suffering, and property damage.

  • Punitive damages:

    • Wrongful Death: Not allowed.

    • Survival Action: Allowed in cases of especially reckless or intentional misconduct.
       

When Do They Overlap?

 

These claims often go hand in hand– especially when the victim survives for a period before passing. For example, if someone is injured in a car crash and dies days later, the family may pursue wrongful death damages, while the estate can recover costs incurred before death through a survival action.

 

Even if death is nearly instantaneous, a survival action may still be viable in cases involving punitive damages, such as drunk driving.

 

Proving Negligence

 

Both claims require proof of:

 

  1. A legal duty owed

  2. A breach of that duty

  3. Direct causation of death

 

Evidence may include medical records, police reports, expert analysis, and witness testimony. For punitive damages, the conduct must be proven reckless or intentional.

 

California’s Statute of Limitations

 

The statute of limitations is the legal deadline for filing a lawsuit. If you try to file after this deadline has passed, your case will likely be dismissed, even if it would have been valid otherwise.

 

  • Wrongful Death: 2 years from the date of death.

  • Survival Action: 2 years from the injury or 6 months after death– whichever is later.

 

Why Legal Help Matters

 

Wrongful death and survival claims are emotionally and legally complex. At WernikLaw, we handle every aspect of your case with care and precision, so you can focus on healing.

We collaborate with:

 

  • Accident reconstructionists

  • Financial and medical experts

  • Grief counselors, when needed

Start with a Free Consultation

 

If you have been affected by or have questions about wrongful death or survival action, contact WernikLaw for a free consultation. We’re here to answer your questions and protect your rights.

Contact us for a
free consultation!

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