Explosion accidents can and often do, lead to serious and sometimes deadly injuries. Perhaps the most unfortunate aspect of most explosions is that they could have been prevented. Whether due to human, mechanical, or technological error, explosions usually happen because of a failure somewhere along the line. To make matters worse, blasts can have a major impact on victims and family members.
Given the serious nature of these incidents, it is perhaps not surprising that they often end up in litigation. When litigation starts following an explosion accident, the goal for injured victims is to recover enough compensation to help pay for their medical bills and losses suffered in the blast. In many cases, substantial compensation is sought due to the life-altering nature of an explosion.
Explosion accident litigation is very complicated and requires an attorney with unique knowledge and skill in this area. Choosing the right attorney to help you navigate this process might be the most important decision that you will make. Below, we will take a look at what makes explosion accident ligitation so complex.
Determining the Cause of an Explosion
When considering explosion litigation, the first step is determining why the explosion occurred in the first place. This is not as simple as it sounds. First, no one automatically comes forward to assume responsibility. Instead, fault is usually only determined after an extensive investigation by regulatory agencies. These investigations can be extremely complex. Reading and understanding them often requires the help of an expert witness with specialized scientific or technical knowledge.
Once all available information has been reviewed with the proper experts, there are additional steps that need to be taken in order to ensure that litigation is able to move forward successfully.
Defendants in an Explosion Case
Once a possible cause or cause of the explosion has been determined, the next step is to identify all possible defendants. In a typical injury lawsuit, there might only be one or two potential defendants. However, in an explosion case, there may be multiple parties, including:
- Manufacturing plant owners
- Oil companies
- Government agencies
- Engineers and architects
- Building and safety inspectors
- Product manufacturers
This list is not meant to be entirely comprehensive. Each explosion case must be independently evaluated in order to determine who might be at fault. The process of investigating a claim and determining all responsible parties should only be handled by a skilled and experienced national explosion accident lawyer.
Choosing the Proper Court
Because explosion accidents usually involve violations of both federal and state laws, the litigation may end up in either federal or state court. In certain instances, such as where federal diversity jurisdiction applies, the case must be pursued in federal court. In other cases where the parties involved are all local, state court may be the more appropriate forum. There are also potential strategic considerations for your attorney when deciding whether to file your case in state or federal court.
Since explosion litigation can play out on either the state or federal level, it is important to obtain an attorney who is comfortable handling cases in either area. Here at Burg Simpson, our attorneys have successfully represented clients in both arenas. We are familiar with the various rules and procedural requirements. Our firm’s comfort level ensures that you are never at a disadvantage, no matter where your case is filed.
State and Federal Explosion Regulations
The laws governing explosion litigation are a complicated mix of federal regulations and state laws. Any attorney handling these cases must have a strong familiarity with the types of laws that they will be asked to apply. The insurance companies and lawyers working for the defense are very knowledgeable when it comes to these laws. These attorneys are always looking for an advantage or a loophole that may help their clients avoid liability for negligence.
Our attorneys are intimately familiar with the various federal and state statutes that might apply to your case. We handle explosion accident cases on a national level and have achieved successful verdicts for clients across a number of states and jurisdictions. Our strong working knowledge of all state and federal laws ensures that you are at an advantage when it comes to fighting insurance and defense lawyers.
Valuation of an Explosion Claim
Explosion accidents can cause life-changing injuries for victims. Some of these injuries are readily apparent, such as broken bones, internal injuries, scarring, and disfigurement. However, not all blast injuries manifest themselves immediately.
Some injuries will take a long time to surface, including lung and organ damage caused by exposure to toxic chemicals from the explosion. In fact, victims may not experience the full effects of the blast until many years later. This makes it tricky when trying to evaluate the damages caused by an explosion.
As part of any settlement offer or demand, an experienced national explosion accident attorney must carefully review medical records and determine the possibility of future injuries and medical treatment. A skilled lawyer will fight for a reasonable value to be attributed to the cost of future treatment. This is crucial as settling your case too soon for too little money can leave you empty-handed later down the road.
National Explosion Accident Lawyers
Here at Burg Simpson, we fight for the rights of injured victims. We know that an explosion can cause a devastating and unexpected impact on your life. Navigating the complexities of the ensuing litigation is vital to ensuring your full recovery. Let us help you move forward and secure your future during this difficult time.
Our firm is here and ready to assist you now. Let us work to hold negligent actors legally responsible for their actions. We always offer free consultations and case evaluations for all potential and prospective clients. Your time to act could be limited, so it is important that you reach out to us right away.
To schedule a time to speak with a nationwide explosion accident lawyer, please contact us using our online intake form or give us a call at (866) 695-2112.