Nothing is more devastating than the sudden and unexpected loss of a family member. This is especially true if your family member was killed in an accident or incident that was not their fault. Chemical, gas, and other types of explosions are violent events with great risk of death or serious bodily injury. In 202, there were 860 explosive incidents reported in the United States. While not every explosion ended with fatalities, many of them did. For example, the recent chocolate factory explosion at a manufacturing plant in West Reading, Pennsylvania, killed seven workers and destroyed two buildings.
If you have lost a family member to an explosion accident, your likely have many questions surrounding your future and your legal rights. While this is undoubtedly a difficult time, it is important to know your options as you move forward following a sudden and unexpected tragedy. At Burg Simpson, our attorneys are here to help during your time of need. You can contact us for a free case evaluation if your loved one was killed in an explosion.
Explosion Accident Litigation
Many people are surprised to learn that most explosions could have been prevented. When an explosion happens, it is usually the result of one or more mistakes made before the blast itself. Perhaps an inspector missed a key warning sign that an explosion was about to occur, or a plant or factory had improperly installed or defective equipment. These are just a couple of numerous possible examples of how better care could prevent a tragedy from occurring.
Following an explosion, there will be a thorough investigation to determine the cause. The results of the investigation can be made available to attorneys representing victims. Based on the investigation, filing a claim becomes a matter of determining whether one or more parties acted negligently. If it can be proven that negligence was involved, victims can pursue litigation to compensate them for their losses.
Working with a trained and experienced explosion accident attorney is key. This type of litigation is complex and requires an attorney who understands all of the applicable laws and procedures.
Legal Claims Available to Family Members
If you have lost a loved one in an explosion, knowing what steps to take legally can feel overwhelming. As the victim’s next-of-kin, you could be entitled to file a wrongful death claim on behalf of your loved one. Each state in the United States has a wrongful death law. These laws are designed to compensate family members for losing their loved ones. Wrongful death cases, however, are complicated. They have certain time limits in which they must be filed. Every state also has a special set of procedures that must be followed to file these claims properly. Consulting with a knowledgeable national explosion accident attorney will ensure you take the right steps.
Once you have filed your wrongful death claim, your attorney can advise you about the damages you can recover. In wrongful death cases, there are many types of damages available, including:
- Funeral and medical costs
- Lost wages and earning capacity
- Pain and suffering
- Loss of affection and companionship, sometimes called loss of consortium
- Emotional distress damages
- Punitive damages in limited cases
The evaluation of your claim is a task that can be done by your attorney, who will guide you through this process and help you make the best decision for yourself and your family.
Settlement or Trial of a Wrongful Death Case
The decision on whether to settle a case or take it to a trial is personal for a client. Your attorney can advise you of all of your options, and you must use that information to make the best possible choice for you and your family. In some wrongful death cases, the decision is simple. If the person who caused the accident has limited resources, it may not make sense to pursue a trial. Ultimately, even if you win a large verdict, you may not ever recover the money that you won.
In explosion accidents, the defendants are usually large companies, government agencies, or building owners. In these cases, the defendants also carry liability insurance which may cover the losses sustained by an explosion. These policies are substantial and likely exceed one million dollars in coverage. The decision of whether to settle a case or take it to trial is less clear under these circumstances.
In this instance, victims should consult with their attorney and discuss the risks and benefits of going to a trial. In some cases, the insurance company does not want to play fair and refuses to offer a fair value for settlement, making the decision to go to trial a simple one. In other cases, the insurance company may make a higher offer, and the case will settle.
At Burg Simpson, our lawyers and legal professionals know how to deal with insurance companies. We have recovered more than $2 billion dollars on behalf of injured victims. If you are getting the runaround from the adjuster, we are not afraid to take your case to a trial and receive a verdict. Our attorneys are tested and proven, and ready to work for you.
Contact A National Explosion Accident Lawyer
If you have lost a loved one due to an explosion accident, you should contact an attorney right away. Waiting to protect your legal rights usually does not end well. Before you speak with the insurance adjuster, call us to see if we can help.
We are standing by now to speak with you. Our firm offers free consultations and case evaluations for all potential and prospective clients. There is no fee unless we win. When you need a tough and aggressive law firm, you can count on us to deliver the best results. To schedule your time to talk to a national explosion accident lawyer, please reach out to us using our online intake form or give us a call at (866) 696-1750.