Texas is home to many oil fields and they are an important part of our state’s economy. While working these areas can be lucrative for all parties involved, it can also be quite dangerous. Falls, equipment malfunctions, or explosions can lead to serious injuries or the loss of life. Injury claims which stem from such matters can quickly become complicated for a variety of reasons. Retaining an attorney with the experience and resources necessary to handle such a matter can, therefore, be crucial to protecting your rights. If you or a loved one are in need of assistance then contact Noteboom – The Law Firm today to speak with our Fort Worth oil field accident lawyers.
Fort Worth injury attorneys assisting victims of Texas oil field accidents
An oil field accident can result in burns, dismemberment, paralysis, or even a wrongful death. Given the serious nature of such injuries, victims are often unable to return to work in their former capacity. When such an accident occurs then the victim may be entitled to compensation for pain and suffering, lost pay, current and future medical bills, and, in some cases, punitive damages may be appropriate. Additionally, if a victim is unable to perform basic life tasks, then they may be entitled to compensation for assistive care and their family members may be entitled to compensation for loss of consortium.
A key issue in an oil field case is whether the victim’s employer carried workers’ compensation insurance or whether they were a “non-subscriber.” Texas, unlike other states, does not require an employer to carry worker’s compensation coverage. Those who choose not to are “non-subscribers” and such employers are common in the oil and gas industry due to the extremely high nature of insurance premiums. Cases may be brought against a non-subscriber in the same manner as any other defendant in a tort action. Additionally, causes of action may exist against third-parties. Such parties may include the owner of the land from which oil is being extracted, equipment manufacturers, maintenance companies who were charged with maintaining equipment, as well as others.
The immediate step to take following an oil field accident is to accept immediate medical care. It is also important to speak with an attorney as soon as possible. Counsel will contact the relevant parties and make an immediate demand that all evidence of the incident be preserved. The victim’s representative will also begin the work of identifying all possible defendants in this matter. Each responsible party will be notified of the representation. Once the victim’s damages can be reasonably ascertained then a settlement demand will be provided to the various insurance companies. If a settlement demand is not reached then litigation will become necessary. These types of cases often involve multiple expert witnesses. The jury will be tasked with determining the facts, expert credibility, damages, and whether punitive damages apply. Handling such matters can be highly complicated and it can be vital to retain an attorney to assist you.
Our Fort Worth injury attorneys are able to assist the victims of Texas oil field accidents. Once retained, our on-staff investigator will visit the scene of the incident if possible. We will demand the preservation of all evidence and immediately begin identifying the defendants. We will retain any necessary experts for the handling of the matter. This will include experts related to safety issues in oil and gas environments as well as individuals who are knowledgeable of the equipment. If a settlement cannot be reached then we are prepared to file a lawsuit. Unlike some other law firms, who refer out matters when it comes time to litigate, we work diligently to see your case through to completion. We will be in regular contact with you throughout the process and will ensure that we are available to make sure that you know what to expect as the matter moves forward. Contact us online or by telephone today.
DFW injury lawyers with the resources necessary to litigate a Texas oil field accident
Litigation over a Texas oil field accident can be costly and resource intensive. It is common, as explained above, for the cases to involve several large defendants as well and to require multiple experts. It can be vital that you retain an injury lawyer with the resources necessary to see the case through to completion. Hiring a firm without sufficient resources can, unfortunately, result in a situation where your case lacks needed evidence at trial. Our firm has the ability to litigate against corporate defendants both big and small. Chuck Noteboom and Brian Butcher are both Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we employ an on-staff investigator. We focus solely on cases where individuals have been harmed by the actions of another and we take pride in our track record of protecting the community. We look forward to assisting you.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.
FAQ regarding oil field injuries
Can I sue my employer for an oil field injury?
Texas does not require all employers to carry workers’ compensation insurance. Those who choose to not carry coverage, typically due to cost, are known as “non-subscribers.” It is common for the operators of oil fields to be non-subscribers. This means that, quite often, one will be able to sue their employer without having to resort to the workers’ compensation system. Even if the employer is subscribed to workers’ comp, claims may still be available against a number of third-parties.
Who are the defendants in an oil field injury case?
Oil field injuries often result in litigation which involves multiple defendants. As explained above, an employer may be liable through the civil justice system if they are a “non-subscriber” in terms of workers’ compensation. Beyond the employer, however, there are typically other defendants. Oil companies often do not own the land upon which they are extracting resources. This land is typically leased and the owner may also be liable, depending on their contract with the oil company. Additional defendants may include the manufacturers of equipment, those who service or maintain equipment, and more. It must be remembered that who will actually be named as a defendant will always depend on the specifics of the case.
How do I choose an oil field injury lawyer?
These types of cases can involve numerous defendants and can require a Plaintiff’s attorney to expend significant resources in preparing the case for trial. For these reasons, victims may wish to ensure that they are retaining counsel with significant financial backing. Moreover, many firms handle the “negotiation” phase of a case, but refer the matter to another law office in the event that litigation becomes necessary. Retaining an attorney that handles all aspects of the case can help to ensure that one does not change attorneys during the litigation.
How long will it take to settle my claim for an oil field injury?
For understandable reasons, many wish to settle their injury claim and put the case behind them. It should be understood, however, that settling the matter too early can result in a situation where one is left without money needed to cover future care and lost wages. Waiting until one’s chances at a recovery, or their expected lack of recovery, is known can help to prevent a victim from accepting an offer which is too low. One’s attorney will give an honest opinion as to when it is best to settle.
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