Explosion accidents occur commonly across the United States and can result in massive damage to both individuals and property. These incidents are caused by one or more factors, but in most cases, human error or negligence plays a role. As a result, injured victims or family members who suffered losses because of the blast often file legal claims. These claims are either settled while the case is ongoing, or they will go to a trial to be determined by a judge or jury.
There are many considerations for explosion victims regarding the final outcome of their cases. The decision of whether to accept a certain settlement depends largely on the perceived value of the case. An experienced national explosion accident attorney will look at many different factors that can affect case value. With this information in hand. victims can make an educated decision based on their best interest. Let’s take a look at some of the factors that can impact the value of your explosion accident claim.
Injuries Suffered in Explosion Accidents
There are many types of injuries that are commonly suffered in an explosion. According to the CDC, here are the most common types of explosion injuries:
- Head Injuries, including Traumatic Brain Injuries (TBI), are some of the most frequently seen injuries associated with a blast
- Lung Injuries sustained by either damage from the explosion itself or secondary to the inhalation of toxic gases and chemicals
- Ear Injuries caused by the massive sound waves produced at the moment of an explosion
- Abdominal and Internal Injuries, which can either be caused by projectiles from the explosion or the force of the blast itself
All of these injuries are extremely serious in nature and require, at a minimum, extensive and expert medical care in order to survive and recover. In the worst-case scenario, the explosion will lead to loss of life.
When they are evaluating an explosion accident claim, insurance companies first look at the nature of the injuries sustained. In cases of serious injuries or even death, they will assign a higher value to the claim. If the injuries are less severe or are self-limiting, the claim may be given less value, and a lower settlement offer will be forthcoming.
Similar to the injuries sustained, the cost of medical bills can either increase or decrease the value of your explosion claim. Medical costs provide an “easy” way to value the claim because they are largely objective in nature. An insurance adjuster, or a judge or jury, can simply review the medical bills to determine the amount of the financial losses that you have sustained as a result of the explosion.
It goes without saying that cases with higher medical costs will have a higher value, whereas cases with lower medical bills may not. However, this is not always the end of the story. In many instances, victims will need to seek future medical treatment as their injuries may be ongoing or even permanent. Therefore, it is important to take into account the cost of future or expected medical treatment when assessing the value of a claim.
The injuries suffered in an explosion are likely to force victims to miss work. This may either be temporary or permanent in nature, depending on the type of injuries suffered and the medical diagnosis for each particular case. In instances where missed work occurs, a plaintiff in an explosion accident case may seek compensation for their lost wages.
An insurance company or a jury in most states may consider evidence of lost wages as an overall element of your damages. It is important to keep detailed records of your rate of pay and the number of hours or days of work that you missed in order to properly document your claim for lost wages. This documentation can then be presented to strengthen the overall value of the case.
Pain and Suffering
A final element that can be considered in the determination of value is the amount of pain and suffering you endured. While items such as lost wages and medical bills are easily calculated in most cases, pain and suffering is the more subjective component of an explosion case.
With a pain and suffering claim, certain factors must be evaluated, including:
- The amount to which the explosion interfered with your daily activities
- Whether you are now limited and cannot do certain things that you did prior to the blast
- The level of physical discomfort caused by your injuries
- Any mental or emotional trauma, including diagnoses such as PTSD, anxiety, depression, and more, that you now have as a result of the explosion.
The value assigned to a pain and suffering claim largely depends upon the emotional elements of your case. A national explosion accident attorney will look carefully at these elements to help determine how much pain and suffering can be attributed to the facts of your case.
United States Explosion Accident Attorneys
When you have been injured in an explosion accident, you could be entitled to compensation. Following the incident, a careful examination will be conducted in order to determine how the blast occurred and which entities or individuals should be held accountable. However, this is just the beginning. As an injured victim, your case depends on the effects that the explosion had on you. With many explosions resulting in serious injuries or even death, victims often bring substantial claims in litigation.
If you or a loved one have been injured in an explosion accident, you should seek the advice of a competent and experienced attorney as soon as possible. Here at Burg Simpson, our United States explosion accident attorneys are standing by to help you now. We will examine each aspect of your case and help you receive the compensation that you deserve.
Your time to act may be limited. Contact us now to avoid the loss of your legal rights. For your free consultation with a member of our legal team, please reach out to us using our online intake form or give us a call at (888) 895-2080.