In 2021, there were more than 800 explosion accidents in the United States. These accidents resulted in numerous physical injuries to victims as well as property damage. The destruction caused by an explosion is usually serious and can result in life-changing injuries such as broken bones, traumatic brain injuries (TBI), lung injuries, internal organ damage, and abdominal injuries. The resulting medical treatment and recovery period are both extensive and impact nearly every aspect of a victim’s life.
If you or a loved one have been injured in an explosion, you could be entitled to compensation for your injuries. The law surrounding explosion accidents is a mix of federal and state laws designed to protect the safety of potentially vulnerable individuals. When an accident occurs, it usually means that one or more parties acted carelessly or negligently. Below, we will take a look at how these individuals or entities can be held legally responsible for an explosion.
Determining Fault for the Explosion
The first step in deciding responsibility is determining who was at fault for the incident. When an explosion occurs, there may not be a single event to blame. Instead, the explosion resulted from a systemic failure by multiple individuals, each of which could have acted to prevent the blast.
A careful and thorough investigation will be done following an explosion. This investigation will normally reveal the cause. With this information, it may be easier to determine what went wrong and who could have prevented the explosion from happening. Some common individuals and entities who may be at fault for an explosion include:
- Industrial plant and manufacturing facility owners
- Construction companies
- Oil rig operators
- Oil and gas companies
- State and local government authorities
- Engineers and architects
- Equipment manufacturers
In a typical explosion, the role of everyone involved must be closely examined. Once the investigation is complete, it is often possible to receive a clear picture as to who should be held accountable for the resulting damages.
After determining who might have been at fault, it is up to the plaintiff, in other words, the injured victim, to prove that negligence caused their injuries. Proving negligence is not always as straightforward as it sounds. It should probably come as no surprise that large plant owners and oil companies, for instance, will try to avoid liability for explosions. These companies know that paying an explosion settlement costs money and can also generate negative media coverage. For these reasons, they will often take extraordinary steps to blame others for the explosion.
In order to prove that a person or company was at fault, injured victims often must conduct their own investigation into the explosion. At Burg Simpson, our national explosion accident attorneys will carefully look over the events leading up to the blast. We will then work with our established team of experts in order to document and prove the role of the negligent party. Building a strong case of negligence requires preparation and great attention to detail, and our dedicated team of lawyers and legal professionals is always up to the challenge.
Explosion Accident Damages
After determining who was responsible and proving their negligence, the third step to successfully holding the proper parties accountable is to prove damages. Under the law, damages simply mean the financial and other losses suffered by an accident victim. Victims of an explosion incident may suffer many types of damages, including:
- Lost wages
- Medical and prescription costs
- Pain and suffering
- Mental and emotional suffering
- Punitive damages
In order to prove damages, it is important to have clear and solid documentation of your losses. This includes keeping track of all of your medical bills and costs associated with the explosion. It also includes maintaining thorough documentation. For mental and emotional damages, having psychological and counseling records is important. Victims could also keep a daily journal of their struggles and how it impacts their life in various ways. These subjective elements are important in establishing the extent of the damage caused by an explosion.
Negotiating with the Insurance Company
Once enough evidence is gathered, the next step is often to make a demand to an insurance company. Due to the fact that many explosion accidents involve corporate entities and businesses, victims are normally dealing with an insurance adjuster when it comes time to talk about the legal details.
Most people have never had to negotiate with an insurance company before, and it may seem like a daunting task. After all, the adjuster is normally professionally trained and also knowledgeable in the law and the art of negotiation. The negotiation may seem unfair and can lead victims to simply accept the first offer just to be done with the case.
Before speaking with the insurance company, it is important to know your legal rights. You should consult with an experienced explosion accident attorney prior to signing any documents. By agreeing to a settlement, you waive your right to claim further compensation. Even if you have future medical bills, you are limited to what you already agreed to. This is a painful lesson for many victims who later wished they had spoken with an attorney prior to settling their case.
National Explosion Accident Attorneys
Here at Burg Simpson, we strongly believe that all negligent actors should be held accountable for their actions. Due to the serious injuries that are often sustained in an explosion, it is important to make sure that you are legally protected. This means making sure that justice is served and that you receive the compensation you need to secure your future.
We are standing by now to speak with you. Our firm always a free consultation and case evaluation for all potential and prospective clients. We have recovered more than 2 billion dollars in settlements and verdicts for injured victims. There is no financial obligation until we obtain a recovery on your behalf. To schedule your free appointment with one of our United States explosion accident lawyers, please reach out to us using our online contact form or give us a call at (888) 895-2080.