An explosion accident is a sudden and devastating event that impacts the lives of victims and their family members alike. A majority of explosions will result in serious injuries or, in the worst-case scenario, will be fatal. Explosions typically occur when a combustible gas such as propane, methane, or butane escapes from a controlled environment. When something goes wrong, these gases can come into contact with an ignition agent resulting in a major explosion that can affect bystanders and damage nearby property.
There is little doubt that the consequences of an explosion are far-reaching. However, what caused the explosion in the first place is often a contested issue. Utility companies, oil rig operators, manufacturing plants, and industrial owners often try to avoid blame for the incident. It does not help that major corporations are normally the entities involved in blast investigations. These companies tend to have substantial resources and multiple attorneys at their disposal to fight against allegations of wrongdoing.
When you or a loved one have been hurt in an explosion accident, you need a law firm that is not afraid to go up against powerful and wealthy entities. At Burg Simpson, our national explosion accident attorneys can help if you have been injured due to someone else's negligence.
Explosion Accident Litigation
Litigation, or the process of filing and moving forward with a lawsuit, typically begins right after an explosion occurs. Even if an industrial explosion claim is not filed right away, your explosion accident attorney will begin their investigation into the case. This includes discovering all important facts about the explosion and its cause. The majority of explosions are caused by human activity, such as:
- Fires
- Containment system failures
- Improper demolitions
- Intentional blasting
- Terrorism
While we know that the underlying cause of an explosion is likely to be human error, either negligent or intentional, placing responsibility for the event can be a much more difficult task. During the litigation process, a skilled explosion accident lawyer will seek a variety of important information regarding the blast, including:
- Copies of safety procedures
- Employee work logs
- Hiring practices of the entity involved in the explosion
- The results of any internal or governmental investigations into the explosion
- Police reports
- Witness statements
All of these documents can help to paint a picture of responsibility for the explosion and can give your lawyer more insight into how and why it might have occurred. Once the initial investigation stage is completed, the case will move into a discovery phase. At this point, your attorney will subpoena important documents and will take depositions of anyone who was a witness or who might have knowledge of the events surrounding the explosion.
During the discovery phase, another important event will occur. Typically, this is when any potential expert witnesses will be identified by both sides of the case.
Expert Witnesses in Explosion Litigation
One key piece of most litigations involving explosions is the use of expert witnesses. Legally, an expert witness is used when scientific or other technical facts are at issue in your case. The federal courts in the United States, along with many state courts, follow a federal standard known as the Daubert standard when assessing an expert witness. Under the Daubert standard, an expert witness is generally allowed to testify if they meet three criteria:
- Whether the theory or technique used by the expert is based on sufficient facts and data;
- Whether the expert's theory is based on reliable principles and methods; and
- Whether the expert has applied their theory in a reliable manner to the facts of the case
The cause of an explosion often requires some type of scientific explanation. An explosion by nature is a scientific process involving combustible materials. Additionally, the explosion can be the result of a multi-system failure, including faulty manufacturing, engineering, design, or construction. These events are not always easily explainable and require a skilled expert to study all of the available data and come to a conclusion about how and why the explosion occurred. An expert will look into the explosion and will compile all relevant data. They may prepare a written report that summarizes their conclusions and their ultimate opinion regarding the explosion. This report can then be used to further your theory of the case.
Juries often give great weight to the testimony of an expert witness. Selecting the right expert provides compelling evidence that helps your case once it reaches the courtroom. Providing your expert's report and conclusions to the other side can also help with achieving a favorable pre-trial settlement at an earlier stage of the case.
Having a knowledgeable expert to explain the cause or causes of an explosion is vital to any successful explosion litigation strategy. Our attorneys at Burg Simpson have a nationwide pool of trusted experts at our disposal. We will thoroughly investigate your case in order to determine the most probable reason why the explosion occurred. Working together with our team of experts, we will then put together a convincing case aimed at holding the negligent actors fully accountable for their actions.
Hire a Trusted National Explosion Accident Lawyer
The stakes are high when you or a family member have suffered losses due to an explosion. Given the very serious nature of the injuries that often occur, you could be entitled to a large sum of damages.
Defendants in explosion cases are normally powerful large corporations or manufacturing giants. These firms and companies have a substantial amount of resources to pour into explosion litigation. In order to level the playing field, it is vital to have an experienced national explosion accident attorney on your side. At Burg Simpson, our trusted and experienced attorneys will work with a group of experts to maximize the value of your gas explosion claim.
We are standing by to speak with you at any time. Our firm provides free consultations for all potential clients. There is no fee unless we win. To schedule your appointment with one of our United States explosion accident lawyers, please contact us using our online intake form or give us a call at (888) 895-2080.