You can pursue a claim even if your actions contributed to your oilfield accident. States like Texas that operate under modified comparative negligence laws allow accident victims to seek compensation even when they contributed to their accidents. However, you may be barred from recovering compensation if you are found more than 50% at fault for your accident.
Your settlement may be reduced by your percentage of fault, so it’s important to prove that the other party’s negligence caused your accident. Many claimants decide to hire a Dallas oilfield accident lawyer for help seeking compensation.
How Modified Comparative Negligence Affects Your Oilfield Accident Settlement
Modified comparative negligence is a legal doctrine that can significantly impact an oilfield accident settlement. Under this rule, the compensation you’re entitled to receive can be reduced by a percentage that equals your share of fault in the accident. For instance, if you’re found to be 20% at fault for your injuries, your settlement would be reduced by 20%. This doctrine encourages fairer settlements by accounting for the actions of all parties involved.
However, there’s a catch: according to Texas Civil Practice and Remedies Code § 33.001, if your level of fault crosses the 50% threshold, you may be barred from recovering any compensation at all. This threshold varies by state, making it crucial to understand local laws.
For oilfield workers like you, this means that even if workplace conditions or employer negligence played a significant role in an accident, any contributory negligence on your part could affect your settlement. Understanding how modified comparative negligence works can be tricky, which is why many injured parties decide to hire a Dallas personal injury lawyer.
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Parties Who May Be Liable for Your Oilfield Accident Case
In oilfield accident cases, multiple parties can be held liable, depending on the circumstances surrounding the accident. Identifying all potentially responsible entities is crucial for ensuring that victims can pursue compensation from all appropriate sources. Here are the parties who may be liable:
- Employers: Often the primary focus, especially if they failed to maintain a safe working environment, provide adequate training, or enforce safety protocols.
- Equipment manufacturers: Can be held liable for accidents caused by defective or unsafe equipment under product liability laws.
- Third-party contractors: If their negligence or failure to adhere to safety standards contributed to the accident, they could be liable.
- Maintenance providers: If improper maintenance or failure to service equipment led to the accident, these entities could be responsible.
- Property owners: May be liable under premises liability if unsafe conditions on their property contributed to the accident.
- Oilfield service companies: Responsible for various operational aspects, their actions or inactions could contribute to accidents, making them potentially liable.
Each case requires a detailed investigation to determine fault and liability accurately, underscoring the importance of taking legal action with an oilfield accident attorney.
Even If You Partially Caused Your Own Injury, You Could Seek a Settlement
Victims of oilfield accidents may suffer from a wide range of injuries, many of which could entitle them to a settlement. Common injuries include:
- Burns and explosions: Resulting from fires or chemical exposures.
- Traumatic brain injuries (TBI): Caused by falls, blows, or debris.
- Spinal cord injuries: Leading to paralysis or mobility issues.
- Broken bones: From falls, equipment malfunctions, or being struck by heavy objects.
- Amputations: Due to severe machinery accidents.
- Hearing loss: From prolonged exposure to loud noises without adequate protection.
- Chemical exposure: Leading to respiratory issues or long-term illnesses.
- Crush injuries: When a worker is trapped under or between heavy equipment.
These injuries can have profound impacts on your life, even if you contributed to the accident that caused them. A personal injury law firm can pursue your financial compensation to pay for the treatments you need.
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Damages You Can Recover If You Were Hurt in an Oilfield Accident
In oilfield accident cases, victims can pursue various types of recoverable damages to compensate for their injuries and losses. These damages are designed to cover both tangible and intangible aspects of your suffering and financial losses:
- Medical expenses: Covers past, present, and future medical treatments, including hospital stays, surgeries, medications, physical therapy, and rehabilitation.
- Lost wages and reduced earning capacity: Compensates for the income lost during recovery and potential future earnings if you cannot return to work at the same capacity.
- Pain and suffering: For the physical pain and discomfort endured due to the injuries from the accident.
- Emotional distress: Addresses psychological impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD) resulting from the traumatic event.
- Loss of enjoyment of life: Compensates for the inability to engage in hobbies and activities previously enjoyed.
- Wrongful death damages: In fatal injury cases, a wrongful death claim can cover funeral expenses, loss of financial support, and the emotional suffering of surviving family members.
These damages aim to restore your financial stability and acknowledge the broader impacts of the accident on your life.
How an Oilfield Accident Lawyer Can Help You Pursue a Personal Injury Claim
Hiring a lawyer to handle your oilfield accident claim can provide invaluable assistance in navigating the complex legal landscape, ensuring you seek the compensation you deserve. Here’s how a lawyer can help:
- Explain oilfield regulations: Understands the intricate laws and regulations governing the oil and gas industry, crucial for building a strong case.
- Investigation and evidence gathering: Conducts thorough investigations to collect evidence, including accident reports, witness statements, and expert testimonies, to support your claim.
- Assessment of damages: Accurately evaluates the full extent of your damages, including medical expenses, lost wages, and non-economic damages like pain and suffering, to ensure you seek adequate compensation.
- Negotiation with insurance companies: Negotiating with insurance companies to reach a fair settlement, avoiding lowball offers that don’t fully cover your losses.
- Litigation: If necessary, your lawyer can represent you in court, presenting your case effectively to a judge or jury to secure a fair outcome.
- Guidance and support: Provides legal advice and emotional support throughout the process, helping you make informed decisions and offering peace of mind during a challenging time.
Call Loncar Lyon Jenkins to Learn More About Partial Liability in Your Accident Case
The personal injury attorneys at our law firm can explain how you may recover fair compensation, even if you contributed to your accident. Your compensation claim may cover damages like medical expenses, lost income, and more.
Connect with Loncar Lyon Jenkins today to take legal action against the responsible parties. Our oilfield accident lawyer will guide your case and help you seek justice. Call us today for your free initial consultation.