The immediate and long-term aftermath of an explosion can be devastating, stressful, and traumatic for victims. Explosions can result in major injuries, including broken bones, head trauma, internal injuries, and organ damage. Following an explosion, victims often wonder where to turn for help. The reality is that most explosions are preventable accidents that take place because of the negligence of one or more individuals. If you or a loved one have been hurt in a blast, you could have valuable legal rights.
One of the choices confronting explosion accident victims is the choice of whether to take a case to trial. An experienced attorney is in the best position to give legal advice on the potential outcomes of your situation. Here, we will look at some of the factors that can influence the outcome of a case and how victims can use these factors to help them make the best decisions.
Here at Burg Simpson, we are committed to helping people who have been hurt by someone else’s negligence. Our national explosion accident attorneys stand ready to help during your time of need. You can contact us at any time if you are looking for solid representation in your injury claim.
Legal Options Following an Explosion
Because an explosion is usually caused by negligence, accident victims will have legal rights. Determining who was responsible, as well as the extent of their role, is the first thing that a qualified explosion accident attorney will do. An initial investigation will usually yield a claim of negligence against a number of individuals or entities.
Once you have determined who might be legally responsible for your injuries, the next step is to speak with the insurance company. As with other injury cases, explosion defendants typically have insurance companies representing them following an incident. These insurance companies will seek to limit or eliminate liability for damages.
Your attorney will work with the insurance company to try and resolve the claim on your behalf. If these efforts are unsuccessful, the next step is to file a lawsuit seeking damages for your explosion accident injuries.
Filing Suit Following an Explosion Accident
When victims file suit, they are embarking on a long and often complicated legal process. The lawsuit will normally be filed in the judicial district where the victim resides or where the explosion occurred. The suit will contain allegations about the blast and theories as to how it occurred and why the defendants are legally responsible for the injuries caused by the explosion.
Once a lawsuit is filed, the case will go through a discovery phase. During this process, information will be obtained about the explosion and its cause. The discovery process may last for several months, depending on the complexity of your case.
Once discovery is complete, victims are usually faced with a choice. They can either start work on settling their claims, or they can choose to go to court and have their case heard by a judge or jury.
Choosing Settlement vs. Trial
The debate of whether to settle a case or proceed to trial is a difficult question for many victims and attorneys alike. Regardless of your choice, you must have legal representation that is unafraid and knows how to try a case. This will ultimately help to put pressure on the other side, knowing that a reasonable settlement offer is necessary to resolve your claim.
There are several factors that are examined when deciding whether to take a case to trial or to settle at an earlier stage. Each case is different, and each explosion is different. There is no universal rule when it comes to making this important decision. Below are some factors to be considered:
- Financial and Emotional Investment: A trial is a long and draining process for all involved. Being involved in litigation can wear on victims, with the stress exacerbating their injuries that were sustained in the blast. Preparing for a trial requires many hours of work. Some victims are ready to move on and do not wish to become involved in the emotional investment of a trial. For these individuals, seeking a settlement may be the best way to handle their cases.
- Likelihood of success: The strength of a case is a crucial factor in deciding whether to settle or try the issues. Victims who have a strong case or very sympathetic arguments may simply decide that it is best to have their case evaluated and determined by a jury.
- Strength of Settlement Offers: Not all settlement offers are equal. An insurance company has the power to offer a fair resolution or not. If the company is not interested in paying a fair value for your case, you may be left with no choice but to try the case in hopes of a better outcome.
- Your Jurisdiction: Certain jurisdictions and locations are known for being more favorable to plaintiffs or defendants in personal injury cases. The location of your potential trial may play a key role in deciding whether you are ultimately likely to achieve your goals in court or whether it is better to seek an out-of-court resolution.
Nationwide Explosion Accident Lawyers
Choosing between a settlement or a trial is a decision that should always be made in consultation with your legal team. Having the assistance of an experienced law firm by your side ensures that you will make the most reliable and informed choice. Here at Burg Simpson, our attorneys have years of experience handling complex explosion accident litigation. We help our clients by providing them with the best advice about their cases. Our firm has successfully recovered more than $2 billion in settlements and verdicts. We always have your best interest in mind and will do what it takes to obtain the compensation that you deserve.
Let us help you with your case. We offer free consultations and case evaluations for all potential and prospective clients. There is no legal fee unless we win. To schedule your appointment with one of our nationwide explosion accident lawyers, please reach out to us using our online intake form or give us a call at (866) 695-2010.