The Lone Star State has more than 30 refineries, many of them located right here in the Houston area. Sadly, injuries and accidents are far from uncommon at these facilities. Whether you were severely injured or lost a loved one in a fire, explosion, fall, or another refinery accident, you could suddenly find yourself struggling with astronomical medical bills, reduced or lost income or earning capacity, and other unexpected challenges.
If an individual or business’s negligence caused the harmful incident, you could be entitled to wide-ranging damages for your injuries and losses. Unfortunately, recovering damages in refinery accident claims isn’t as easy—or straightforward—as it might sound. These cases often involve complicated litigation that pits injured victims and/or their families against powerful corporate defendants with aggressive in-house attorneys.
At Terry & Thweatt, P.C., highly skilled Houston trial lawyers Joe Terry and Lee Thweatt fight vigorously to secure the justice and fair compensation our clients deserve. Keep reading for an overview of your rights, options, and what to expect in Texas civil litigation, including grounds for injuries and wrongful death lawsuits, potential damages, what you must prove, what you might recover, and how our exceptional team can assist you.
What to Know About Texas Refinery Accident Lawsuits
If you suffered severe injuries or your spouse, parent, or child died in a catastrophic event at a Gulf Coast Area refinery, you could be eligible to seek a legal remedy. Texas typically gives victims two years to file a personal injury or wrongful death lawsuit seeking compensation for injuries and losses.
However, consulting an accomplished attorney as soon as possible is vital to protecting your right to recovery. In addition to conducting a thorough investigation to determine the cause of the refinery accident, our seasoned lawyers can identify all liable parties, send spoliation letters informing entities of their obligation to preserve relevant evidence, gather and review discovery materials, negotiate with insurers and opposing counsel, and take the case to trial if the responsible parties refuse to offer a fair settlement covering your losses and future needs.
What You Must Prove to Recover Compensation
In a Texas refinery injury or wrongful death claim, establishing the right to damages involves proving the following essential elements.
Duty of Care
The defendant(s) owed you (or your loved one) a duty of care, meaning they had an obligation to take reasonable steps to ensure a safe work environment or prevent injury to others.
Breach of Duty
The defendant(s) violated the duty of care through negligence or misconduct.
Proximate Cause
The defendant(s)' actions (or inaction) were a substantial factor in causing the refinery accident, and it should have been reasonably foreseeable that the conduct could result in harm, such as injuries or fatalities.
Damages
You suffered demonstrable damages, which may include physical injuries, financial losses, or other forms of harm, as a direct result of the refinery accident.
What a Refinery Accident Recovery Might Include
Texas refinery accident victims and their families can recover wide-ranging damages in civil litigation. Depending on the circumstances of your case, your recovery might encompass compensation for the following injuries and losses:
- Past and future accident-related medical care, including appointments with primary care providers and specialists, medications, surgeries, hospitalizations, and rehabilitation.
- Lost wages and reduced or lost earning capacity
- Out-of-pocket expenses
- Physical pain and suffering
- Mental and emotional anguish
- Permanent disability, impairment, or disfigurement
- Loss of consortium, if your injuries have negatively affected your relationship with your spouse or family members
Refinery Accident Wrongful Death Damages
In wrongful death cases, recoveries could include compensation for funeral and burial expenses, loss of financial support, and emotional trauma surviving family members have suffered because of the untimely loss of their loved one.