IED Injury Lawsuit: Get the Right Attorney

What is an IED?

An improvised explosive device (IED) attack is the use of a “homemade” bomb and/or destructive device to destroy, incapacitate, harass, or distract,” according to the U.S. Department of Homeland Security (DHS) [1].

Criminals, vandals, terrorists, suicide bombers, and insurgents are known to use IEDs. These devices can take various forms due to their improvised nature, ranging from small pipe bombs to sophisticated devices capable of causing extensive damage and loss of life.

IEDs can be transported or delivered in a vehicle, carried, placed, or thrown by an individual, delivered in a package, or concealed on the roadside. The term “IED” became widely used during the Iraq War that commenced in 2003.

What are the Different Types of IEDs?

Improvised explosive devices come in various types, each with its own design and intended impact.

Some common types of IEDs include:

• Command-Detonated IEDs: These bombs are triggered by an individual using a remote control device, such as a cell phone or radio transmitter, to send a signal to the explosive device.
• Pressure Plate IEDs: These bombs are triggered when a vehicle or person applies pressure to a plate or switch connected to the explosive device. The pressure causes the switch to close, detonating the bomb.
• Victim-Operated IEDs: These bombs are triggered when a person unwittingly activates the device, such as by stepping on a hidden pressure plate or tripping a wire.
• Vehicle-Borne IEDs (VBIEDs): These are explosives placed inside or on a vehicle, which is then driven to the target and detonated. VBIEDs can cause significant damage due to the large amount of explosives that can be used.
• Suicide Bomber IEDs: These bombs are carried by an individual who intends to detonate the explosives themselves, often resulting in a suicide bombing.
• Explosively Formed Penetrators (EFPs): These are a type of IED designed to penetrate armor, often used against military vehicles. EFPs use a shaped charge to direct the explosive force toward the target.

These are just a few examples of the types of roadside bombs that have been used in conflicts around the world. Each type of bomb presents unique challenges and dangers for military personnel, civilians, and vehicles in the area.

What is the Anti-Terrorism Act?

According to the US Congres, the Anti-Terrorism Act of 1992 is a United States law that was enacted to enhance the ability of law enforcement agencies to investigate and prosecute terrorism-related offenses [2].

The act expanded the definition of terrorism and provided additional tools and resources to combat terrorism, including:

• Authorization for the use of wiretaps and electronic surveillance in terrorism investigations.
• The ability to designate foreign organizations as terrorist groups.
• The imposition of harsher penalties for terrorism-related crimes.
• The enhancement of security measures to protect against terrorist attacks.

The Anti-terrorism Act of 1992 amends the Federal criminal code to define the term “international terrorism” to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries.

What is the Anti-Terrorism Litigation Fund?

According to the US Department of Justice, the Justice for United States Victims of State Sponsored Terrorism Act, as amended, provides for the establishment and administration of the United States Victims of State Sponsored Terrorism Fund (USVSST Fund) to provide compensation to certain U.S. persons who were injured in acts of international state-sponsored terrorism [3].

The fund helps cover the costs associated with litigation, such as legal fees and court expenses. It is intended to ensure that victims of terrorism have access to the legal resources they need to seek justice and hold terrorists accountable for their actions.

Catastrophic IED Injuries

IED explosions generate a high-pressure blast that propels debris and can lift individuals off the ground. The injuries sustained and their severity depends on various factors, such as the physical environment, the size of the blast, the level of shielding, fires, or structural damage resulting from the explosion, and whether the explosion occurs in an enclosed space or an open area.

Common injuries associated with explosions include:

• Overpressure damage: Affecting the lungs, ears, abdomen, and other pressure-sensitive organs. Blast lung injury, caused by the extreme pressure of an explosion, is a leading cause of illness and death among initial survivors.
• Fragmentation injuries: Caused by projectiles propelled by the blast, such as bomb material, shrapnel, or debris, which penetrate the body and cause damage.
• Impact injuries: Resulting from the blast propelling individuals into objects, leading to fractures, amputations, and head and neck trauma.
• Thermal injuries: Caused by burns to the skin, mouth, sinuses, and lungs.
• Other injuries: Including exposure to toxic substances and crush injuries.

These injuries can vary widely in severity and can have long-lasting effects on survivors.

Are You Eligible to File an IED Injury Lawsuit?

You may qualify to participate in an IED Lawsuit if you:

• Served in Iraq from 2004-present or Afghanistan from 2006-present
• Were involved in an IED or roadside bomb attack
• Suffered an injury in the attack that required treatment, or
• Were diagnosed with PTSD or related condition that can be linked to the attack

Will I lose My VA Disability Claims if I File an IED Injury Lawsuit?

Participating in the Anti-Terrorism Litigation Fund should not impact your VA Disability Compensation. VA Disability Compensation is generally not affected by other forms of financial assistance or compensation, including funds received through legal action. However, it’s always a good idea to consult with a knowledgeable attorney to understand the specifics of your situation and how participating in the fund might affect you.

Statistics on Post-9/11 U.S. War Deaths in Afghanistan and Pakistan

• More than 7,000 U.S. troops and approximately 8,000 contractors have died in foreign wars since 9/11.
• Over 73,000 allied troops and national police in Afghanistan/Pakistan, and over 100,000 more allied troops in Iraq and Syria, have been killed.
• Post-9/11 wars have seen 4 times as many U.S. service members die by suicide than in combat.
• Some U.S. states and communities have disproportionately borne the human cost of these wars, highlighting a broader pattern of inequality in military service.

According to the Watson Institute for International and Public Affairs [4]

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FAQs

What compensation might plaintiffs receive in an IED injury lawsuit?

Plaintiffs may be entitled to compensation for medical expenses, rehabilitation costs, lost wages, pain and suffering, emotional distress, and in wrongful death cases, compensation for loss of companionship and funeral expenses.

What injuries are common in IED injury lawsuits?

Common injuries from IED explosions include traumatic brain injuries (TBIs), hearing loss, burns, amputations, fractures, spinal cord injuries, post-traumatic stress disorder (PTSD), and other physical or emotional trauma.

Who is typically held liable in an IED injury lawsuit?

In IED injury lawsuits, liability may be placed on manufacturers of military equipment that failed to protect soldiers, contractors providing substandard materials, or even governments responsible for deploying or procuring faulty equipment.

Can military contractors be sued in an IED injury lawsuit?

Yes, military contractors can be sued if their negligence, faulty equipment, or substandard materials contributed to injuries from an IED explosion. Contractors are often held liable if their products failed to meet safety standards or contractual obligations.

See all related personal injury lawsuits our attorneys covered so far.

Do I Have an IED Injury Lawsuit Lawsuit?

The Personal Injury & Accidents Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in IED Injury Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.

Again, if you or a loved one suffered any combat-related injury while serving as a member of the United States Military in Iraq or Afghanistan, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

References:

1. https://www.dhs.gov/xlibrary/assets/prep_ied_fact_sheet.pdf
2. https://watson.brown.edu/costsofwar/costs/human/military
3. https://www.congress.gov/bill/102nd-congress/house-bill/2222?s=1&r=98
4. https://www.justice.gov/criminal/criminal-mlars/usvsst