The initial moments and days after your gas explosion accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your gas explosion or leak accident:

• Take photos of your injuries
• Visit a doctor if you haven’t already
• Take photos of the source or area where the explosion or leak occurred
• Follow the doctor’s recommendations and attend all follow-up appointments
• Write down a narrative of what happened while it’s still fresh in your head
• Make a list of witnesses and their contact information if you know it
• Follow any additional instructions from your attorney

A gas explosion case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

95% of gas explosion cases, according to government statistics, resolve before needing to go to trial. The vast majority of injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
• The insurance company doesn’t want to set a precedent for settling your type of gas explosion lawsuit.
• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh gas explosion attorney can help prepare you for what to expect.

For most natural gas leaks, the signs of a leak are very noticeable. For the majority of leaks, the signs of of a natural gas leak can be seen, smelled, or heard.

SIGHT
For underground natural gas leaks, you may see discolored or dead vegetation around the leak origin, bubbles in standing water and dirt, or even leaves and debris being blown into the air.

SMELL
The most common symptom of a natural gas leak is the smell of rotten eggs or sulfur. The rotten eggs smell is an odorant additive because natural gas is otherwise odorless. Unfortunately, as natural gas travels through soil, the odorant “rotten eggs” smell can actually be filtered out, which means a natural gas leak can be present even if you can’t smell it. Handheld gas detectors are necessary if that is suspected.

SOUND
If the leak is significant enough, you might be able to hear it. Natural gas leaks, if close enough to the surface, make a hissing or whistling noise.

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh gas explosion lawyer understands that defense and how to work around it.

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Gas explosion or leak cases in particular require extensive investigation and engineering analysis to determine the cause or source of the leak that lead to the accident.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most gas explosion or leak cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file a personal injury claim, so it is in your best interest to get a Raleigh gas explosion attorney involved as early as possible after your accident.

Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced gas explosion and leak lawyer in Raleigh can help, guide, and prepare you through this process.

In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.

Hiring an experienced gas explosion lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina gas explosion attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, a gas explosion and leak lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

In a North Carolina gas explosion lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina gas explosion lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most gas explosion cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. There are different and separate time limits for contracts cases, criminal cases, and cases about property damage.

There’s no way to precisely value your claim, but an experienced gas explosion or leak attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy. Most gas explosions or leaks result in catastrophic damages and potentially the loss of life. Wrongful death claims are evaluated under an entirely different metric than regular personal injury claims.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

If you suspect a gas leak, the most important action you can take is to leave that area immediately. Gas is volatile, has flammable and explosive capabilities, and is also toxic to breathe. Once you are in a safe place, you should call 911 immediately to alert the fire department of the suspected leak. Once the fire department is on their way, you can also consider contacting your natural gas provider (like Dominion Energy). Most natural gas providers have 24/7 suspected gas leak emergency numbers where you can report the smell or signs of a gas leak. If the gas leak is occurring at a street level connection or junction, the gas company will need to stop service to the area and investigate for underground gas migration, which can cause a natural gas leak to spread and accumulate in nearby basements and crawlspaces. Accumulation of natural gas in confined spaces increases the chance of an explosion.

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

There is no magic formula for determining what amount of pain and suffering is fair in your gas explosion or leak case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good gas explosion lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

• Household appliances and devices can ignite the gas causing it to explode
• Gas leaks can cause asphyxiation and death even if they don’t ignite
• Gas leaks don’t always have a smell; the odor additive can be filtered out through soil (underground leaks) or other media
• Gas leaks are common for aging equipment and pipe connections, which are rarely inspected

Gas explosion accidents can occur for several reasons, including equipment failure, human error, and natural disasters.

Gas Equipment Failure:
Gas lines and appliances can fail due to a range of factors, including poor maintenance, aging infrastructure, and faulty installation. These failures can lead to gas leaks that can result in explosions. In some cases, gas leaks can occur due to a lack of safety features or insufficient safety measures.

Human Error – Lack of Inspections or Installation Errors:
Gas explosion accidents can also occur due to human error. For example, a worker may fail to properly install a gas line or appliance, leading to a gas leak. Similarly, a homeowner may fail to follow safety guidelines when using gas appliances, leading to an explosion.

Natural Disasters:
Natural disasters can also contribute to gas explosion accidents. For example, a severe storm or earthquake may damage gas lines or appliances, leading to gas leaks and potential explosions.

Yes, you can file a gas explosion or leak lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced gas explosion and leak lawyer.