Working in an oilfield requires a certain set of skills, some of which involve thinking quickly in dangerous situations. However, despite your best efforts to stay safe, you might have suffered injuries on an Arlington oilfield due to another party’s negligence. Various aspects of your situation may grant you the ability to file an insurance claim or lawsuit.
An Arlington personal injury lawyer from Loncar Lyon Jenkins can help you pursue compensation for your medical expenses and lost wages. We can help you with the obligations that go into filing a personal injury or wrongful death action. Call in the Strong Arm to protect your right to fair compensation for you and your family.
Oil Powers Texas’s Economy
Texas is in the midst of a massive oil production, which TIME has described as a “boom” that is “reshaping the world.” Forbes explains how, in 2018, Texas extracted more oil than any other year, even breaking 1973’s record for oil extraction.
The Railroad Commission of Texas (RRC) reported that oilfield workers in Texas extracted 1.5 billion barrels of crude oil between May 2019 and April 2020. In the process of removing oil from the ground, transferring it into barrels, and transporting it to storage locations, workers were exposed to various dangers while on the job.
While oil production is an essential aspect of Texas’s economy, oil companies may feel pressure to keep production levels high.
This high oil production could present certain dangers in terms of worker safety, particularly if:
- Companies place speed over workers’ safety.
- Companies do not account for the “wear and tear” of machinery, which may breakdown at a faster rate amidst heightened production.
- Companies do not maintain humane, safe working conditions for all employees at all times.
Safety has not always been paramount when it comes to oilfields. According to findings published by the Centers for Disease Control and Prevention (CDC), 1,189 workers in the oil industry died on the job in a recorded ten-year span. Some causes of death included transportation-related accidents, contact with equipment, and hazards stemming from the service of oil wells.
If you suffered injuries or lost a loved one because of an Arlington oilfield accident, then an insurance accident claim or personal injury lawsuit may be appropriate, depending on your circumstances.
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Liability in an Oilfield Accident Case
You generally cannot sue your employer following an on-the-job injury in the state of Texas. When building your case, your personal injury lawyer will need to determine whether other parties were responsible for your injuries and associated losses.
The Circumstances of the Accident May Determine the Liable Party
For instance, suppose you were injured by a defective piece of machinery. If there was an inherent issue with the product’s function or design, you could have the basis of a product liability claim against the machine’s manufacturer. You may be able to hold them accountable under the basis of strict liability.
However, suppose the machine had previously been repaired by a mechanic who performed less-than-standard work. In this case, you could have a case against the mechanic who did not uphold their duty of care.
If you intend to pursue compensation for your own injuries or the loss of a loved one, then an Arlington oilfield accident lawyer can manage your case. Call Loncar Lyon Jenkins today for a free consultation.
What to Anticipate from Your Arlington Oilfield Accident Attorney
You may be unsure about what an attorney can do for you, especially if you have not hired an attorney for a personal injury-related matter in the past. When you call Loncar Lyon Jenkins today, you can learn more about the specifics of an attorney’s services during a free consultation.
Although every case is unique, personal injury attorneys often do the following:
Evaluate the Circumstances of Your Oilfield Accident
Your lawyer will need to familiarize themselves with the details of your case to implement a legal strategy.
Your accident lawyer will need to gather evidence to prove the following:
- You were lawfully allowed to be on the oilfield’s premises at the time of your workplace accident.
- Your injuries were the result of another party’s negligence.
- The party who caused your accident owed you an obligation to keep you safe.
- You suffered injuries and financial losses as a result of your accident.
The details of your case will give your lawyer guidance about how to proceed. While you recover from your injuries, your lawyer will gather evidence that works to resolve your case.
Collect Witness Accounts and Evidence from the Accident
Speaking with witnesses may help your lawyer determine how your accident happened. Such accounts, along with photos of your injuries, statements from your doctor, and the cost of your out-of-pocket expenses, can also be used to support your case.
File Your Personal Injury Lawsuit or Insurance Claim
A lawyer can assess the full scope of your legal options. For instance, they can determine whether your employer carries workers’ compensation insurance, which could offset the cost of your expenses. Additionally, they can determine whether filing a third-party lawsuit is necessary to meet your legal goals. Their determination may depend on your employer’s insurance status, the specific cause of your injuries, and how severely your injuries have harmed you.
Pursue Financial Compensation for Your Damages
Your lawyer may ultimately be able to secure numerous forms of compensation for you, possibly including coverage for:
- The cost of mental health counseling for conditions such as anxiety or depression
- The income you cannot earn because of your injuries
- A decline in your earning power once you resume working
- Permanent disability if you cannot work again
- Your health care expenses
- Property damage costs, if applicable
- Any losses resulting from a loved one’s passing, such as loss of comfort and companionship, loss of financial protection, and funeral expenses
A lawyer can identify any other losses that may be available to you.
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Your Time to File an Oilfield Accident Lawsuit Is Limited
Insurance companies set deadlines to file accident claims. You typically have 30 to 60 days after the accident to file an insurance claim. Filing a personal injury lawsuit also has a deadline, known as a statute of limitations. This statutory deadline, Texas Civil Practice and Remedies Code § 16.003, is generally two years. Of the two, the statute of limitations can have a stronger influence on the resolution of your case.
Failure to file a case before the statute of limitations expires could result in a loss of compensation. Without the leverage of a lawsuit, the insurance companies are less likely to negotiate a fair settlement to cover all your damages.
There may also be exceptions to the statute that shorten or lengthen that deadline. Our law firm can explain which exceptions apply in your case.
The Strong Arm Is Here to Serve You
An Arlington oilfield accident lawyer will advocate for your legal rights while you focus on other matters. You may be able to get legal help at no out-of-pocket cost to you since our legal team operates on a contingency-fee-basis.
Contact the Strong Arm by calling Loncar Lyon Jenkins today.