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Victims of a Galveston refinery explosion typically have two years from the date of the injury to seek compensation through a lawsuit. There are various limitations to this, including who is responsible, the types of injuries, and the victim’s condition. In some situations, the statute of limitations for a refinery explosion lawsuit in Galveston, Texas, may range from 1 year to up to 4 years.
In most Galveston refinery explosions, victims who suffer personal injuries have the right to pursue a claim against the at-fault party for all of their losses within the state’s two-year statute of limitations. This applies in situations of non-worker’s compensation claims. If you are hurt as a result of a third party that causes the accident, you can file a claim through a personal injury lawsuit within two years of the date of the injury.
Many of those hurt in a Galveston refinery explosion lawsuit are workers. A worker cannot typically file a lawsuit against their employer, but instead must file a workers’ compensation claim. You must report your injuries quickly, typically within 30 days of the incident, though some are as little as 24 hours.
You then have to submit a claim within 95 days for the losses you have. The Texas Department of Insurance protects your workers’ compensation rights for up to one year from the incident. This gives you time to reach your maximum degree of healing and seek fair compensation.
If your loved one lost their life in a Galveston refinery explosion, the close family members of that individual can file a lawsuit against the at-fault party. The law requires you to act within two years of the date of the death. If you miss this rule, as applicable under the Texas Civil Practice and Remedies Code Section 16.003, you cannot seek legal action against those who are at fault.
Spouses, children, or, if no spouse or child exists, the parents of the deceased must take action to file a claim. This may be done on behalf of the estate as a whole or for the individual.
Most of the time, the statute of limitations is not flexible. A judge cannot order you to have more time in most cases. There are some limited options for extending this claim.
For example, if the victim is under 18 at the time of the accident, the statute of limitations is tolled, meaning it does not begin to run until the person turns 18. They then have two years from that date to take legal action if no one has pursued compensation for them prior to this.
In situations where the cause of the accident was not immediately discoverable, meaning it was not known at the time of the injury or death, the court can provide additional time. This falls under the discovery rule.
The length of time you have to file a Galveston refinery explosion lawsuit can be complex and confusing. Hiring an attorney to manage this process for you can prove to be critical. Discuss your case with a local Galveston refinery accident lawyer for immediate help.