A smoke inhalation claim typically refers to a legal action taken by an individual who has suffered injuries or damages as a result of inhaling smoke during an accident or incident, such as a fire or chemical release. These claims are often associated with personal injury cases and may be directed at parties responsible for the circumstances that led to the smoke exposure. Such claims seek compensation for medical expenses, pain and suffering, lost wages, and other damages incurred due to the injuries caused by inhaling smoke. It’s essential to consult with a legal professional to assess the specific details of a smoke inhalation claim and determine the appropriate course of action.
Liabilities for smoke inhalation injuries
Liabilities for smoke inhalation injuries can vary depending on the circumstances of the incident. Parties that may be held liable for smoke inhalation injuries include:
- Property Owners: If a fire or smoke-related incident occurs on their property due to negligence, property owners may be held liable.
- Employers: Employers may be responsible if the injuries occur in the workplace due to inadequate safety measures or negligence.
- Manufacturers: If a defective product or equipment caused the smoke or fire, the manufacturer could be liable for injuries.
- Other Third Parties: Depending on the specific situation, other third parties involved in the incident may also share liability.
Types of damages can be recovered in a smoke inhalation claim
The amount of damages that you are able to recover will depend on the specific facts of your case, including the severity of your injury, the type of damages you have suffered, and the liability of the defendant. Some types of damages, such as medical expenses and lost wages, are typically awarded in full. Other types of damages, such as pain and suffering, are more difficult to quantify and may not be awarded in full.
- Medical expenses: This includes the cost of past and future medical treatment, such as hospitalization, doctor’s visits, surgery, physical therapy, and medication.
- Lost wages: This includes the wages that you would have earned if you were able to work but were unable to do so due to your smoke inhalation injury.
- Pain and suffering: This is compensation for the physical and emotional pain and suffering that you have experienced as a result of your injury.
- Emotional distress: This is compensation for the mental and emotional trauma that you have experienced as a result of your injury.
- Wrongful death: If your smoke inhalation injury resulted in death, your family may be able to file a wrongful death claim and recover damages for their loss.
Average smoke inhalation claim payouts
According to the California Workers’ Compensation Institute (CWCI), the average payout for a smoke inhalation claim in California in 2023 was $11,768. However, the amount of compensation that you receive may vary depending on a number of factors, including the severity of your injury, the type of benefits you are receiving, and your pre-injury earnings.
The CWCI also reports that the average payout for a smoke inhalation claim has been increasing steadily in recent years. In 2019, the average payout was $10,234. This increase is likely due to a number of factors, including the rising cost of medical care and the increasing number of workers who are filing claims for smoke inhalation injuries.
The amount of damages that you are able to recover will depend on the specific facts of your case, including the severity of your injury, the type of damages you have suffered, and the liability of the defendant. If you have suffered a smoke inhalation injury, you should contact an experienced personal injury attorney to discuss your case and learn more about your legal rights and options. At Pistiolas Law we can help you determine the types of damages applicable to your case. Contact us at (844) 414-1768.