Sustaining injuries in an explosion accident is a traumatic experience for victims. Explosions happen suddenly and without warning. In the immediate aftermath of the blast, most people are only concerned with getting to safety as soon as possible and seeking medical treatment for their injuries. At this point, gathering evidence is the last thing on their mind.
However, in the days and weeks following an explosion accident, it is important to gather as much evidence as possible. Having a documented case can support your claim for damages from the explosion. Ultimately, the strength of your documentation may determine the value that is assigned to your injury claim.
Here we will take a look at some of the types of evidence that victims should document and how it might help their cases.
The Importance of Documenting Evidence
A successful litigation strategy starts and ends with evidence. As the plaintiff in a civil case, the burden is on you to prove your case by a preponderance of the evidence. This means that you must prove that the defendant is more likely than not liable for the injuries that you sustained. Having evidence to present to the judge or jury is necessary to establish the defendant’s fault in any given case.
Once fault is established, your documentation can also be used to prove your damages. When the jury has a complete picture of your case and your injuries, they can award you a fair amount of compensation. On the other hand, a failure to document or presenting incomplete documentation can result in a devastating loss.
Documenting all forms of communication after an explosion accident is important. Communication can mean an email from the insurance company, statements made by anyone who witnessed the blast, police reports, and any statements made by anyone else related to the explosion.
You should note the date and time that the communication was made and obtain contact information, including telephone numbers and physical addresses, of anyone who gave a statement regarding the explosion.
An explosion may have many potential causes. However, the causes are not easily explained by individuals who have little or no knowledge of the scientific process behind the explosion itself. Having an expert with specialized knowledge is crucial in almost every explosion accident case.
Your explosion expert may visit the scene, speak with witnesses and investigators, and review all reports regarding the blast. The expert may also take photographs and measurements at the scene. Following an investigation, an expert will produce an opinion and written report regarding the cause of the explosion. This report and opinion become crucial to convincing the other side, or the jury, that the defendant was negligent and should be held responsible for their actions.
Once liability has been established, the question becomes the amount of damages to be awarded. There are several common types of damages sought by explosion accident victims, including:
- Compensatory damages, including medical and prescription bills as well as any lost wages incurred due to the victim’s injuries
- Pain and suffering. This is a special category of damages intended to compensate the victim for the physical pain caused by their injuries as well as the disruption they experienced. Pain and suffering can also capture any mental or emotional trauma sustained by the victim. A jury has a wide level of discretion to determine the appropriate amount to award for pain and suffering
- Punitive damages. These are awarded to plaintiffs in cases where a defendant’s behavior was especially reckless or even intentional. Punitive damages are not intended to compensate a plaintiff but rather to punish the defendant for its bad behavior.
The key to determining an appropriate level of compensatory damages and pain and suffering is to have documented medical evidence. Doctors’ notes, opinions, test results, images from x-rays and scans, as well as medical bills are important pieces of evidence in all explosion accident cases. From this evidence, it can be determined how much you had to pay for your medical treatment as well as the extent to which you suffered due to your injuries.
Once your case is filed, your attorney will seek documents from the other side. In almost every lawsuit, the parties will engage in a process known as discovery. During discovery, each side will ask the other to answer a series of questions about the case and also to produce documents related to the claims that were asserted.
Discovery is a crucial part of explosion accident litigation. Defendants can be forced to turn over important documents, including the results of internal investigations into the explosion, steps that were taken leading up to the blast, photographs from the scene, and the amount of any insurance policies that may cover injuries suffered by victims.
As an explosion accident victim, you do not need to worry about obtaining evidence in discovery. This task will be handled by your explosion accident lawyer as they seek to build a strong case against the other side. Once discovery is completed, your case will be ready to either settle or go to trial.
United States Explosion Accident Lawyer
Explosion accidents are devastating for all involved and routinely result in serious injuries for victims and even death. In many cases, a third party is responsible for the explosion and could have prevented it from occurring if proper steps had been taken. Proper documentation following the explosion is important for victims who are seeking full recovery from their injuries.
Here at Burg Simpson, we have a team of dedicated and experienced national explosion accident lawyers. When you or a loved one have been affected by a blast, you need the best legal representation available. We are here to help during your time of need.
Our firm offers free consultations and case evaluations for all potential and prospective clients. We have recovered more than 2 billion dollars for injured victims. To speak with one of our attorneys, please reach out to us using our online intake form or give us a call at (888) 895-2080.