September 21, 2022
April 7, 2024

Damages in a Plant Explosion Lawsuit

What Damages Are Available in a Plant Explosion Lawsuit?

Plant explosions can result in severe injuries, major property damage, and in some cases, loss of life. These can cause significant financial hardships for the affected persons and their loved ones. Learn what damages are available in a plant explosion lawsuit.

An explosion at a plant can affect individuals, entire worksites, and even the surrounding communities. Depending on the type of plant, hazards can include fires, exposure to toxic substances, environmental damage, and flying debris. Those responsible for the accident must be held accountable for the costs associated with any injuries or damage to property.

If you or a loved one were affected by a plant explosion, you may need to file a lawsuit to recover the losses you experienced. In many instances, workers compensation or insurance may not cover the full amount of losses,so legal action may become necessary for full and thorough compensation.

Contact Pierce Skrabanek at (832) 690-7000 to discuss your rights if you need to file a plant explosion claim. Our Houston personal injury attorneys have extensive experience in plant explosion litigation.

What Are the Different Types of Damages Available to Plant Explosion Victims?

In a plant explosion lawsuit, the injured party may be entitled to economic and special damages. In limited cases, punitive damages may also be available.

Individuals who have been injured in a plant explosion will incur significant expenses that the liable party is responsible for covering. It helps to understand the basic types of damages available in a plant explosion lawsuit:

Economic Damages

Also known as “Special Damages,” these types of damages cover the losses that can be quantified and calculated. These expenses are usually verifiable through receipts, bills, invoices, and other documents.  

Economic damages can provide compensation for losses like:

  • Hospital bills related to injuries suffered as result of an explosion
  • Costs of physical therapy and rehabilitation programs
  • Lost wages from missing work during recovery
  • Any property damage caused by the explosion

Economic or special damages will vary by case, and often depend on the severity of the explosion and injuries. Property damage costs can play a large role in plant explosion cases, as the incidents can cause significant damage to surrounding neighborhoods (as was the case in the Watson Grinding explosion).

Non-Economic Damages

These types of damages cover losses that cannot be easily quantified or calculated. They are also known as “General Damages”, and are a common part of plant explosion lawsuits. Non-economic damages may cover:

  • Pain and suffering caused by the explosion incident
  • Resulting emotional and psychological trauma after the explosion
  • Damages associated with the loss of quality of life
  • Loss of consortium or companionship of a loved one

Non-economic damages by nature are difficult to quantify and calculate. As such, an expert witness (such as a doctor or psychiatrist) may be enlisted to testify on behalf of the injured person and analyze the impact of their losses.

Wrongful death damages may also be included in cases where there is a loss of life (such as in the Burleson County explosion in Texas).

Punitive Damages

Punitive Damages, also known as “Exemplary Damages” are awarded under very limited circumstances with the intent to punish the wrongdoer and discourage similar behavior by others. Punitive damages may be found if there is evidence of intentional conduct to harm the plaintiff, or other particularly egregious behavior. Punitive damages may be awarded in cases involving:

  • Fraud
  • Malice
  • Gross negligence

Examples of fraudulent conduct in connection with a plant explosion is where the plant makes misrepresentations about their safety standards, or if they use deceit to cover up an explosion report.

Punitive damages are usually calculated or limited based on a percentage of the economic damages. This percentage may vary by state or jurisdiction.

How Much Compensation is Available for a Plant Explosion?

The total amount of compensation available in a plant explosion is going to be different in each case. For this reason, it is difficult to arrive at an average or estimate of how much to expect when it comes to compensation.

Compensation amounts in a plant or oil rig explosion case will depend on various factors, including:

  • How large or widespread the explosion was
  • The severity of injuries it caused
  • The amount of property damaged
  • The number of people affected
  • Whether the liable party knew of any risks or dangers before the explosion
  • Whether the liable party was negligent in any way in handling the aftermath

Lastly, the amount of damages or compensation can depend heavily on the experience and skill of the attorney handling the case. A lawyer who is highly proficient at formulating strong legal arguments and presenting evidence will be able to prove the damages amount with more clarity.

It is important that you contact a lawyer who has direct experience with such cases to handle your plant explosion lawsuit.

Obtaining a fair and just damages award is crucial for those who are recovering from a plant explosion accident. These types of incidents can be devastating — physically, emotionally, and financially. Those responsible for the accident must be held liable for the extensive losses such explosions can cause.

How Can a Plant Explosion Lawyer Help Me With a Claim?

A plant explosion lawyer can help determine:

  1. Whether or not you have a valid claim;
  2. If you have a claim, a plant explosion lawyer can help you determine the damages you may be entitled to

Plant explosion lawsuits can be complex and may require the assistance of an experienced lawyer. A qualified lawyer can help with additional tasks and services such as

  • Researching the relevant plant explosion laws
  • Reviewing the important facts surrounding your case
  • Gathering evidence for your claim
  • Formulating a strong litigation strategy for court
  • Arguing for the appropriate damages award

Your  attorney can also help protect your rights by negotiating on your behalf against the opposing party, insurance companies, and other parties. Insurance agents typically don’t have your best interests in mind. It’s in your best interest to work with a lawyer who can handle these complicated matters for you.

Contact a Plant Explosion Lawyer for Help With a Damages Award

Obtaining a fair and just damages award is crucial for those who are recovering from a plant explosion accident. These types of incidents can be devastating — physically, emotionally, and financially. Those responsible for the accident should be held liable for the extensive losses such explosions can cause.

If you or a loved one were injured or affected due to a plant explosion, you may be entitled to a damages award for your losses. Contact Pierce Skrabanek at (832) 690-7000 to set up a free, no-obligation consultation to discuss your rights moving forward. Our attorneys can conduct a thorough investigation and can help ensure that you’re not leaving any part of your damages award on the table.

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