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Time Limitations in La Porte Refinery Explosion Lawsuits

In Texas, you generally have two years from the date of a La Porte refinery explosion to file a lawsuit against any responsible parties. However, some exceptions can apply to this statute of limitations. 

Meet with a La Porte refinery explosion lawyer if you are interested in filing a lawsuit. Your attorney can determine if you’re eligible to sue for damages. If so, your lawyer can help you file your lawsuit in accordance with the time limitations defined under Texas Law.

How Much Time Do You Have to File a Lawsuit If You Were Injured in a La Porte Refinery Explosion?

Per Texas Civil Practice and Remedies Code § 16.003, if you are injured in a La Porte refinery explosion, you typically have two years from the date of the incident to sue any responsible parties for compensatory damages. 

The time frame for filing a lawsuit for a La Porte refinery explosion may not be extended. If the statute of limitations elapses, you can lose the right to sue for compensatory damages at a later time. 

Consult with an attorney if you are debating whether to file a lawsuit for injuries you’ve suffered in a La Porte refinery explosion. If you decide to sue, your lawyer can help you file your lawsuit before the window in which you’re allowed to do so closes. 

Exceptions to the Personal Injury Statute of Limitations for Filing a La Porte Refinery Explosion Lawsuit

Various exceptions can apply to Texas’ personal injury statute of limitations, including:

  • Minors exception: The statute of limitations can toll until a person turns 18. Thus, minors injured in a refinery explosion may have until age 20 to file a lawsuit. 
  • Discovery rule: The statute of limitations can start from the date a refinery explosion injury is discovered or should have reasonably been discovered. 
  • Mental incapacitation: If someone becomes mentally incapacitated in a refinery explosion, the statute of limitations can toll until they regain their mental capacity. 

Trust an attorney who has helped clients in cases similar to yours achieve outstanding case results to handle your refinery explosion lawsuit. Your lawyer can guide you through the process of filing your lawsuit and build a case designed to prove to a judge or jury why you should be awarded compensatory damages. 

How Much Time Do You Have to File a Wrongful Death Lawsuit After a Fatal La Porte Refinery Explosion?

According to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for filing a wrongful death lawsuit is often two years from the date of death. 

Under Texas Civil Practice and Remedies Code § 71.004, a surviving spouse, child, or parent of a deceased person (decedent) may be eligible to file a wrongful death lawsuit. A personal representative or executor of the decedent’s estate can file a wrongful death lawsuit if none of these parties does so within 90 days of the death. 

Speak with an empathetic and compassionate lawyer if you are interested in filing a wrongful death lawsuit in the aftermath of a fatal La Porte refinery explosion in which you’ve lost a family member. Your attorney can explain the criteria for filing a lawsuit. If you proceed with a lawsuit, your lawyer can take care of your legal matters as you and your loved ones support and care for one another during a challenging time in your lives. 

How Much Time You Have to File a La Porte Refinery Explosion Workers’ Compensation Claim

If you are working at a La Porte refinery and get hurt in an explosion, you may be covered under workers’ compensation. This can be the case if you were injured in an explosion while you were performing your job duties. 

For those who qualify for workers’ compensation benefits, you generally have one year from the date you are injured in a refinery explosion to file a claim. The time limitations for you to file your workers’ comp claim can be extended if your injuries weren’t immediately apparent. 

Even if you qualify for workers’ comp, an insurance company can contest your claim or offer a lowball settlement. As such, it helps to have an attorney on your side to engage in insurance settlement negotiations on your behalf. Your lawyer can help you file your workers’ comp claim promptly and negotiate a settlement that covers your injury-related losses. 

How Much Time an Insurance Company Has to Settle Your La Porte Refinery Explosion Claim

If you file an insurance claim relating to a La Porte refinery explosion, an insurance company may have 15 days to acknowledge receipt and 15 business days to accept or reject it after the business receives all required information. 

Sometimes, an insurance company will request an additional 45 days to review a claim and make a decision on it. 

If your claim is approved, an insurance company has five business days from the date of approval to send your money. 

A refinery explosion lawyer can detail the insurance claims process and challenges that can come up along the way. They can prepare claim paperwork and collect evidence to make it clear to a liable party’s insurance company why your claim should be approved. 

Time Limitations for Settling a La Porte Refinery Explosion Lawsuit 

How long it takes to resolve a La Porte refinery explosion lawsuit depends on several factors, including:

  • Investigation: The time it takes to gather evidence and collect safety records and other documentation can extend a case’s timeline. 
  • Medical recovery: If you sue for a La Porte refinery explosion, your attorney may advise you to wait until you reach maximum medical improvement (MMI) before agreeing to a settlement. By doing so, you will have a good idea of your future medical costs, which your lawyer can account for in your damages request. 
  • Settlement negotiations: Your lawyer can engage in settlement negotiations with the defendant. If a settlement is reached, you can receive compensation for your losses without a trial. 

Your lawyer wants you to be compensated for your medical bills, lost wages, pain and suffering, and other losses. If your case requires a trial, they are ready to argue to a judge or jury why your damages request is valid.