What To Do After a Catastrophic Event

Hi guys, my name is Chris Parks, and I'm a personal injury lawyer in Boulder, Colorado. This video has to do with catastrophic injuries and explosions. If you searched online looking for lawyers who handle these types of cases and you've now come to this video, I want to talk to you a little bit about what to expect if you or a loved one has been injured in an explosion or some sort of catastrophic event.

This might include, for example, a train wreck where a train hit a car, a burn of any type, or maybe a chemical injury—something that is very much out of the ordinary. If this has happened to a loved one of yours and you're not sure what to do, let me start with an example.

I've been practicing for 32 years. I started in Louisiana, practiced in Texas, and now practice in Colorado. I’ve worked before both federal and state courts in all three of those states. Over the course of my career, I’ve represented people who have been killed in explosions, people who have been horribly burned, and people who have lost loved ones in train wrecks and explosions. Every one of these cases is different and unique.

One of the cases I worked on was the BP explosion in Texas City. It was a horrible, horrible accident. I want to use that as an example to give you an idea of what happens if you have lost a loved one or you yourself have been injured in a really large explosion that's made the news, maybe even the national news, and you're watching this video only hours after it’s happened and wondering what to do next.

Here’s what happens: everyone who was injured in that explosion is getting a lawyer. For the people whose plant it was—in the case of BP, their plant blew up—within moments of that explosion, BP knew to get on the phone with their in-house counsel and outside counsel, meaning their litigation team. Those lawyers have action plans for something like this. They have investigators and experts they’ve worked with in the past, and they are calling those investigators, experts, and other lawyers, circling the wagons as quickly as they can. They have to—it’s their job and their duty to their shareholders to do that.

Because of this, if you’re the family member of someone who’s been injured or killed and they’re in the hospital, or you yourself have been injured, don’t feel too bad about calling a lawyer and at least getting some advice on what to do. The other side is already doing it, and I would encourage anyone involved in something like that and seriously injured to call a lawyer to get answers to some questions.

Let me tell you how it went in the BP case. I got a call from one of my clients—an existing client in an asbestos case—the night the explosion happened. Within a few days, I went to visit the client and signed a contract with them. As soon as I had a contract, I had the right to speak on their behalf. I immediately called an expert I had worked with before on a large chemical plant explosion and contacted several lawyers I knew who had worked on other explosions. I got the names of OSHA experts and process engineering experts.

By the time I got back to my office, I had retained a couple of experts and an investigator to help with the case. I also found other lawyers doing the same thing, who had also signed up clients. It usually takes a day or two for clients to ask around, do a Google search, and get advice from others to vet and find someone they think they can trust to get answers from. After that, it takes a few more days to make the decision on who to hire. Oftentimes, people interview three or four lawyers experienced in catastrophic cases.

Once those lawyers are hired, they start finding out who else has been hired. Often, the lawyers already know each other because they’re experienced in these types of cases. In the state where the accident happened, these lawyers start working together. They might call a meeting of all the lawyers they know to discuss pooling resources. This is important in a really large case like the BP explosion—or even the BP oil spill—because cases like these are likely to be pooled anyway.

The courts don’t want to handle these cases in multiple separate settings. They prefer to assign everything to one judge, which definitely happens in federal court. This is called an MDL or multi-district litigation. It’s also happening more often in state courts. If an accident happens in Texas, it’s likely there will be a state MDL. One judge will handle the case. That judge will appoint someone on both sides to be lead counsel.

I know this because, in 1990, there was an oil spill in Galveston Bay, and I was appointed by Judge Lee Rosenthal to be the MDL lead counsel for all the plaintiffs—the fishermen, crabbers, and shrimpers with claims for damage to their livelihood and property.

In cases like these, the plaintiffs’ lawyers form a steering committee to handle decisions and motions before the judge. Often, plaintiffs’ lawyers pool resources and money. I’ve been involved in cases where all the lawyers wrote checks, put them into a common fund, and hired the best experts from among those we had employed. We assigned specific tasks, such as engineering studies, recreating what happened, and conducting depositions.

A lawyer in a case like this needs to do more than just give orders if put in charge by a judge. They also need to be able to take orders when working as part of a team. There are a lot of egos in these cases. Many trial lawyers have large egos, but teamwork is essential because these cases are usually handled collectively.

However, your lawyer also needs to be independent enough to advocate for your best interests. You don’t want someone who simply goes along with the group to settle your case quickly. You want a lawyer who knows the value of your case, can handle it independently, and is also willing to work collaboratively when needed.

My phone number is on the screen. If you or a loved one has been injured in a catastrophic explosion, train wreck, burn, or chemical injury, give me a call. I’d be happy to talk to you. There’s no obligation, and I won’t pressure you. I can share my experience, whether I’ve handled cases like yours, and if I’m not the best lawyer for your case, I’ll give you the names of other lawyers I think you should call.

Again, my name is Chris Parks. I hope this has been helpful to you. Give me a call if you have further questions. Thank you.