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What Damages May Be Recovered After a Galveston Refinery Explosion?

The damages that may be recovered after a Galveston refinery explosion include medical costs, lost wages, pain and suffering, emotional distress, and permanent disfigurement.

Personal injury lawyers can evaluate the specifics of your case and explain what damages may be available to you in a refinery explosion lawsuit.

Economic Damages That You May Recover After a Galveston Refinery Explosion

Depending on the circumstances of your case, you may recover economic damages for your measurable financial losses from your Galveston refinery explosion, such as:

  • Medical expenses
  • Loss of income
  • Diminished earning capacity
  • Burial and funeral expenses if you lose a family member in a fatal refinery explosion and are eligible to seek damages on their behalf

Non-Economic Damages That You May Recover Following a Galveston Refinery Explosion

In your case, you could recover non-economic damages for intangible losses from your Galveston refinery explosion. Examples of non-economic damages include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship or affection
  • Disfigurement or scarring

Punitive Damages That You May Recover After a Galveston Refinery Explosion

Exemplary, or punitive, damages are defined under Texas Civil Practice & Remedies Code § 41.001(5). A court could award these damages to punish wrongdoing or gross negligence that led to your refinery explosion.

Exemplary damages do not cover economic and non-economic losses. In a Galveston refinery explosion lawsuit, they may be awarded to punish the defendant rather than compensate the plaintiff.

You may be awarded punitive damages in conjunction with compensation for your medical bills, lost wages, pain and suffering, and other quantifiable and subjective losses from your refinery explosion.

In Texas, exemplary damages are capped at the greater of $200,000 or twice the amount of economic damages plus equal non-economic damages up to $750,000.

Factors That Can Determine What Damages You May Recover After Your Galveston Refinery Explosion

Injury severity, negligence, and evidence are three factors that can determine what damages you may recover after your Galveston refinery explosion. Below are details about these factors:

Severity of Your Injuries

You could recover damages for the costs of your doctors’ visits and other medical expenses you incur as you treat your injuries from your refinery explosion.

If you are dealing with a traumatic brain injury (TBI) or other catastrophic injuries from your explosion, you may pursue damages for your long-term medical care costs.

Degree of Negligence

To recover damages, you may have to prove that a liable party acted negligently and that their actions contributed to your refinery explosion, injuries, and losses.

Per Texas Civil Practice and Remedies Code § 33.001, you may be subject to modified comparative negligence if you file a lawsuit against someone for a refinery explosion.

If you sue someone for a refinery explosion and are found to be 1-50% liable, your damages may be reduced by your percentage of fault.

Or, if you file a lawsuit against someone for a refinery explosion, and the court rules that you’re more than 50% to blame, you may be barred from getting damages.

Evidence Collection

Having witness statements, accident scene photos and videos, police reports, medical records, and other types of evidence can help you recover damages for your refinery explosion losses.

Your evidence may help you negotiate a settlement with a liable party or their insurance company and resolve your refinery explosion case without a trial.