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Explosion accidents are rare, but they are often fatal for everyone at the epicenter. If you survived an explosion or a loved one was killed in an explosion accident, work with our lawyers to get your family compensation.
Our attorneys can bring claims against manufacturing plants, construction sites, defective vehicle manufacturers, and other parties responsible for terrible explosion accidents. In many cases, work injuries and deaths would be subject to Workers’ Compensation laws. However, Texas law allows both workers and employers to opt out of the system.
For help with your case, call our explosion death and injury lawyers today at The Queenan Law Firm by dialing (817) 476-1797.
Causes of Explosion Accidents You Can Sue For
Whether you are suing for yourself after an injury or you are suing for a loved one’s death, these are common causes of explosion injury lawsuits:
Lithium-Ion Batteries and Other Rechargeable Batteries
When we picture “explosions,” we often think of buildings and cars blowing up. In fact, many explosion injuries involve rechargeable batteries that have swelled or burst over time, resulting in small fireballs that can light people and homes on fire.
Many of these explosion claims can be brought against manufactures of electronics or even electric car manufacturers.
Vehicle Explosions
Sometimes cars go up in a sudden explosion during a crash. This can happen because of a leaking gas tank that caught on a spark or because of a defective gas tank design that was not properly insulated from crashes, electrical surges, or heat.
Factory and Plant Explosions
Whether you live near a factory or worked at it, explosions at factories and plants can cause serious and deadly injuries. This may ultimately be the factory’s fault, or it could have been a chain reaction caused by defective machinery inside the factory.
In many cases, these take extensive investigations to find the cause and culprit.
Oil Explosions
Workers at oil fields and offshore oil rigs face a risk of fire and explosions at work. These injuries can be deadly or cause significant injuries and disabilities.
Filing a Lawsuit vs. a Workers’ Compensation Claim for Explosion Injuries
When workers are hurt on the job, they usually have to file through Workers’ Compensation and cannot sue their employer, but only if they are covered under Workers’ Compensation.
Opt Out
Employers can opt out of Workers’ comp entirely, and many Texas employers do. Employees can also opt out when they start their job, protecting their right to sue.
Limited Damages in Workers’ Comp
Workers’ Compensation provides only partial lost wages and no pain and suffering damages. If you do have to file through this system, our explosion injury and death lawyers can help you file a lawsuit after that to potentially recover the rest of your damages.
Limited Lawsuits
Workers covered under Workers’ Compensation cannot sue their employers for injuries sustained on the job. This restriction also blocks lawsuits by the family of a deceased victim.
However, there are some exceptions, including the primary one: you can always sue an outside third party. This most commonly involves suits against other businesses or product manufacturers.
Damages Available in Explosion Injury Cases
When you get hurt in an explosion, the injuries and damages are often quite serious.
Medical Bills
Explosions are very serious accidents, and you can face burns, amputations, concussions, and other serious injuries. The medical costs alone are often enough to bankrupt families, and you need them compensated
Lost Wages
If you are unable to work after the accident, you can claim lost wages. If you will miss work going forward or make a reduced wage because of ongoing disabilities, these damages can also be calculated and claimed.
Pain and Suffering
The mental and emotional effects of an injury are just as serious as the physical ones. Pain, mental anguish, emotional distress, and more can be claimed.
Explosion injuries are often serious enough to interrupt your entire life going forward, and high-dollar pain and suffering damages hold defendants to account for this serious change.
Property Damage
In car crashes and explosions that might destroy your home or a business you own, you should be compensated for the property damage as well. This can even include things as simple as the damaged clothing you were wearing at the time.
Damages Available in Explosion Death Cases
Some damages are unique to a loved one’s wrongful death.
Pre-Death Damages
Anything a victim could have claimed in a personal injury case if they survived the accident can be claimed in a survival action – part of the case filed for their death. These damages include pre-death medical bills, lost wages, and pain and suffering.
Funeral Expenses
You can also get damages for reasonable funeral and burial costs.
Grief and Lost Companionship
Your family faces non-economic damages from the death, including things like grief and lost companionship. Putting a value on these harms is quite difficult, so talk to a lawyer about how much your emotional effects are worth.
Each parent, child, or spouse is paid directly for their own proportion of these damages.
Lost Support
The lost economic and financial support of a lost parent or spouse can be claimed. This covers the income the victim would have continued receiving if they lived.
This is also divided based on the individual family member’s needs.
FAQs for Explosion Lawsuits in Fort Worth
What Are You Supposed to Do After an Explosion Injury?
First and foremost, get medical care. Call 911 if you need an ambulance. For car crashes or large explosions, report the issue to the police and fire departments as well.
In the days after, call a lawyer and get specific guidance.
Does Someone’s Will Change How Wrongful Death Claims Are Filed?
Wrongful death claims have specific rules in Texas determining the damages and who they go to. The two main things that change based on someone’s will are
- Who is set as their personal representative to file the survival action
- How their pre-death damages are divided after they pass into their estate.
What if an Explosion Victim Died Without a Will?
Without a will, the parents, spouse, or children still receive most wrongful death damages. The court appoints a personal representative to file their survival action and manage their estate, and the pre-death damages still pay into the estate as normal. The estate then divides under default rules, usually to the spouse, children, and/or parents.
Call Our Explosion Injury and Death Lawyers for Help in Fort Worth Today
Call (817) 476-1797 for a free case evaluation with the explosion injury and death lawyers at The Queenan Law Firm.