At Goodwin Johnston LLC, we understand that dealing with the aftermath of an explosion can be overwhelming, but we're here to guide you through the process, providing one-on-one attention and a meticulous approach to detail. Our goal is to fight for your rights and seek the maximum compensation you deserve.
We don’t just handle cases, we take care of people. Our focus is on you: understanding your needs, addressing your concerns, and fighting for justice.
We’re not afraid to advocate aggressively for you. We only take cases that we are willing to pursue to the fullest extent of the law. This approach has allowed us to recover substantial settlements and verdicts for our clients. Contact us today to learn how we can help.
Common Injuries That Result From Explosions
Explosions often result in various injuries, ranging from physical to psychological and minor to life-threatening. Our explosion lawyers have handled cases involving the following injuries and damages:
Blast Injuries
Primary blast injuries: These injuries result from the overpressure wave produced by the explosion itself. They often affect air-filled organs such as the lungs, ears, and gastrointestinal tract.
Potential damages: Victims may recover damages for medical expenses, ongoing healthcare needs, pain and suffering, and loss of earning capacity due to pulmonary or auditory damage.
Secondary blast injuries: These injuries occur when victims are struck by flying debris and shrapnel caused by the explosion.
Potential damages: Compensation can include medical costs for surgeries and treatments, rehabilitation expenses, pain and suffering, and compensation for physical disfigurement or scarring.
Tertiary blast injuries: These happen when the explosion's force throws victims against solid objects, leading to blunt force trauma, fractures, and other impact injuries.
Potential damages: Recoverable damages encompass emergency medical expenses, long-term care costs, physical therapy, lost wages, and compensation for reduced quality of life.
Quaternary blast injuries: These are all other types of explosion-related injuries, including burns, crush injuries, and respiratory issues due to inhaling toxic fumes or smoke.
Potential damages: Victims may seek damages for burn treatments, reconstructive surgeries, compensation for emotional distress, ongoing respiratory therapy, and loss of future earnings.
Psychological Injuries
Explosions can also lead to significant psychological trauma, including Post-Traumatic Stress Disorder (PTSD), anxiety, and depression.
Potential damages: Compensation might include costs for mental health treatments, therapy sessions, medications, and compensation for emotional suffering and impacts on personal relationships and daily functioning.
At Goodwin Johnston LLC, we're committed to ensuring that you receive comprehensive compensation for any injuries sustained from an explosion. Contact us today to discuss your case and learn how we can aid you in your journey toward recovery.
Don’t Get Hurt Again
Filing an Explosion Injury Claim
Kansas is considered a no-fault state. This means that regardless of who is at fault for the explosion, your own insurance company will cover your medical expenses and other financial losses up to a certain limit. Consequently, filing a personal injury lawsuit against the party responsible for the explosion is only possible under specific circumstances, such as severe injuries that exceed the state's threshold. This no-fault approach aims to streamline the compensation process and reduce the burden on courts.
On the other hand, Missouri operates under a fault-based system. In a fault state, the person or entity found to be responsible for the explosion is liable for all resulting damages. This allows victims to file claims directly against the party at fault, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. The fault-based system can lead to more comprehensive compensation but often involves lengthy legal processes to determine liability.
When dealing with explosion-related injuries, it's crucial to understand how these state-specific laws will influence your claim. At Goodwin Johnston LLC, our experienced personal injury attorneys are well-versed in both no-fault and fault systems. We will guide you through the process, ensuring you are informed and prepared to take the appropriate legal steps, whether you are in Kansas or Missouri. Contact us today to explore your options and pursue the compensation you deserve.
Statute of Limitations
Each state has a different statute of limitations for filing personal injury claims, including those resulting from explosions. Understanding these timeframes is crucial to ensuring your right to seek compensation is protected.
In Kansas, the statute of limitations for personal injury claims is generally two years from the date of the explosion. This means that you have a two-year window to file a lawsuit if you have sustained injuries or damages from an incident. It's important to act promptly, as failing to file a claim within this period will likely result in losing your right to seek compensation.
Certain circumstances can affect this timeframe, such as when the injured party is a minor, in which the statute may be extended. Consulting with an experienced attorney as soon as possible can help ensure all relevant deadlines are met.
Missouri, on the other hand, provides a longer window for filing personal injury claims. The statute of limitations in this state is five years from the date of the explosion. This extended period can offer more flexibility for victims as they deal with recovery and other impacts of the incident.
However, it remains essential to start the legal process as early as possible to preserve evidence and strengthen your case. Similar to Kansas, exceptions may apply, such as for minors or cases involving certain types of injuries.
At Goodwin Johnston LLC, our knowledgeable attorneys are dedicated to helping you navigate the legal landscape in both Kansas and Missouri. We will work diligently to meet all statutory requirements and advocate for your right to full and fair compensation. Contact us today to discuss the specifics of your case and ensure your claim is filed within the appropriate timeframe.
The Process of Filing
To initiate an explosion injury claim, follow this step-by-step process:
Contact an attorney: As soon as possible after the explosion, get in touch with a personal injury attorney to discuss your case. A knowledgeable lawyer can help you gather necessary information and give you an understanding of your legal options.
Gather evidence: Compile all relevant evidence that can support your claim. This includes photos of the explosion site, eyewitness statements, police reports, and medical records.
Medical treatment: Ensure you receive proper medical attention for your injuries. Your medical records will be a key component of your claim, documenting the extent and impact of your injuries.
Claim filing: Your attorney will file a claim on your behalf. This claim will be with your own insurance company in Kansas, due to the no-fault laws, or with the at-fault party’s insurer in Missouri.
Negotiation: Your attorney will negotiate with the insurance companies involved to reach a settlement that covers your losses, including medical expenses, lost wages, and pain and suffering.
Litigation: If a settlement cannot be reached, your attorney will prepare to take your case to court. This involves collecting additional evidence, deposing witnesses, and presenting your case in front of a judge or jury.
Remember, acting quickly is crucial due to the statute of limitations in both Kansas and Missouri, which requires that your claim be filed within two years from the date of the explosion.
Fatal Explosion Cases
In cases involving fatal explosions, the journey towards justice can be daunting and emotionally taxing. At Goodwin Johnston LLC, we provide the support and guidance needed to navigate this challenging process. A wrongful death claim aims to hold the responsible parties accountable and to provide financial relief to the surviving family members. Potential recoverable damages in these cases include funeral and burial expenses, loss of companionship, lost future income, and the emotional pain and suffering endured by the family.
Who Can File a Wrongful Death Claim?
A wrongful death claim arises when an individual dies due to the negligent or intentional actions of another party. This type of lawsuit allows certain family members or representatives of the deceased's estate to seek compensation for their loss.
In Kansas, the wrongful death claim can be filed by any heir at law of the deceased, which typically includes the spouse, children, parents, and sometimes siblings. The Kansas wrongful death statute is designed to cover the immediate family members who have suffered due to the loss of their loved one.
In Missouri, the statute designates specific individuals who are eligible to file a wrongful death claim. These include the deceased person's spouse, children (natural or adopted), and parents. In the absence of these relatives, a sibling or the personal representative of the deceased’s estate may bring the claim.
Available Damages
The damages recoverable in a wrongful death claim aim to compensate for both economic and non-economic losses:
Economic damages: These include medical expenses incurred prior to the death, funeral and burial costs, loss of the deceased's expected earnings, and loss of benefits (such as pension plans or medical coverage).
Non-economic damages: These cover the emotional and psychological impact on the surviving family members, including loss of companionship, support, guidance, and the pain and suffering experienced due to the death of the loved one.
The compensation obtained through a wrongful death claim not only provides financial relief but also acknowledges the profound impact of the deceased's absence on the lives of the survivors.
At Goodwin Johnston LLC, we understand the delicate nature of wrongful death claims and offer compassionate legal support while vigorously advocating for the justice your family deserves. Contact us today to discuss your case and learn how we can help you pursue a wrongful death claim in either Kansas or Missouri.
FAQs About Explosion Injury Claims
We understand you may have many questions about explosion injury claims. That’s why we’ve compiled a list of frequently asked questions to provide you with the insights you need:
Can I still make an explosion injury claim if I didn’t feel injured right after the accident?
Absolutely. It’s not uncommon for symptoms to manifest days or even weeks after an explosion occurs. Always seek medical attention immediately after the explosion, even if you feel fine, and then talk to an attorney to understand your options for filing a claim.
If I am injured while at work due to an explosion, is a personal injury claim my only option?
Not necessarily. While you may be eligible for worker’s compensation, which covers injuries on the job, there may be instances where a personal injury claim is appropriate – for example, if your injury was caused by a third party’s negligence or a defective product.
What if the at-fault party doesn’t have insurance or enough insurance to cover my damages?
If the at-fault party is uninsured or underinsured, you may be able to file a claim through your own insurance if you have uninsured/underinsured motorist coverage, or you might seek justice in court, where a judge could order the at-fault party to provide compensation.
When is premises liability applicable?
Premises liability can indeed play a significant role in explosion injury claims. Premises liability refers to the legal responsibility of property owners to ensure their premises are safe for visitors and occupants.
If an explosion occurs due to unsafe conditions, inadequate maintenance, or failure to adhere to safety regulations on a property, the property owner may be held liable for resulting injuries. This is especially pertinent in cases where the explosion is caused by faulty wiring, gas leaks, improper storage of hazardous materials, or failure to address known hazards.
Premises liability may be applicable in various scenarios involving explosions, including:
Residential properties: If a landlord fails to maintain gas lines or electrical systems properly, or neglects to address known issues that lead to an explosion, they may be liable for injuries sustained by tenants and guests.
Commercial properties: Business owners are required to ensure their premises are safe for customers and employees. If an explosion occurs due to negligence, such as poor maintenance or failure to meet safety standards, the owner may be held accountable.
Public spaces: Government entities or organizations managing public spaces must adhere to strict safety regulations. If negligence leads to an explosion, injured parties might file a premises liability claim against the responsible entity.
Kansas City Explosion Injury Attorneys
When you’re dealing with the catastrophic aftermath of an explosion, you need a team that’s both experienced and deeply committed to your recovery. With Goodwin Johnston LLC, you’re getting a dedicated team that genuinely cares about your well-being and success. Let us shoulder the burden, so you can focus on healing and recovery. Reach out to our Kansas City law firm today, and we can discuss how we can help you seek the justice and compensation you deserve.
Our lawyers serve clients throughout Missouri—including St. Joseph, Springfield, Columbia, and St. Louis—and Kansas—including Lawrence, Manhattan, Wichita, and Topeka