It isn’t always necessary to go to court to resolve an oilfield accident case. Some claims are settled through a payout from your insurance provider. Even if you file a personal injury lawsuit, you could recover compensation and resolve your case without ever stepping foot into a courtroom.
Many accident victims decide to hire an Dallas oilfield accident lawyer for help resolving their cases. When you work with an attorney, they can inform you about your legal options and prepare you for court if necessary. However, most personal injury lawyers will work to resolve your case before you have to go to court.
It Isn’t Always Necessary to Take Oilfield Accident Cases to Trial
Not all oilfield accident cases require court proceedings for resolution. Many are settled out of court, where you and the responsible party’s insurer agree on a settlement without presenting your case in a trial. This approach can save time, reduce legal expenses, and avoid the uncertainty of trial outcomes.
Settlement negotiations, facilitated by experienced attorneys, allow for more private, controlled, and potentially quicker resolutions. However, the decision to settle or proceed to trial depends on various factors, including the case’s complexity and the parties’ willingness to negotiate. If you are not offered the settlement you’re entitled to, your lawyer may recommend taking your case to court for a resolution.
Factors That Could Influence Whether Your Lawyer Will Fight Your Case in a Courtroom
It is not always necessary to go to court to resolve an oilfield accident case. Many of these cases are settled out of court through negotiations between the injured party (or their attorney) and the responsible party’s insurance company. The decision to settle out of court or to proceed to trial depends on several factors:
- Agreement on liability and compensation: If both parties can agree on who is at fault and the amount of compensation that is fair, the case can often be resolved without going to court.
- Willingness to negotiate: Both sides must be willing to negotiate. A personal injury lawyer can be crucial in these negotiations, ensuring that your settlement offer adequately covers the damages you suffered.
- Insurance policy limits: Sometimes, the amount of compensation needed exceeds the policy limits of the insurance coverage. In such cases, reaching a satisfactory settlement might require additional negotiations or considering a lawsuit to pursue additional compensation.
- Complexity of the case: Complex cases involving multiple parties, disputed facts, or severe injuries might not settle easily out of court. These cases may require a trial to resolve disputes over liability, the extent of injuries, or compensation.
- Desire for confidentiality: Some parties prefer to settle out of court to maintain privacy and avoid the public disclosure of sensitive information that a court trial might entail.
- Time and expense: Court proceedings can be lengthy and expensive. Both parties might prefer a quicker resolution through settlement to avoid the costs and time associated with a trial.
- Risk management: Going to trial involves risks for both sides. The outcome can be uncertain, and both parties might find a guaranteed settlement more appealing than the possibility of losing at trial.
However, if negotiations fail and it’s not possible to reach a fair settlement, going to court may be necessary to seek adequate compensation. Your attorney will advise on the best course of action based on the specifics of your case, the strength of your evidence, and the compensation you need to cover your losses and injuries.
Damages You May Recover in an Oilfield Accident Claim
Whether you go to trial or settle your case out of court, you may be eligible to recover both economic and non-economic damages. Some of the damages you can recover in your personal injury claim include:
- Medical expenses: Costs for emergency care, surgeries, hospital visits, medications, and ongoing medical treatment.
- Lost wages: Compensation for the income lost while recovering from your injuries.
- Loss of earning capacity: If your injuries impact your ability to earn money in the future.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Wrongful death: If the accident resulted in a fatality, family members could recover for funeral costs, lost future earnings, and loss of companionship.
- Rehabilitation costs: Expenses for physical and occupational therapy.
- Disfigurement and permanent disability: Compensation for lasting physical impairments or scars.
- Property damage: If personal property was damaged in the accident.
Your legal team will assess your case to determine which types of damages you can seek.
You Have to File Your Oilfield Accident Lawsuit on Time
Filing a personal injury lawsuit doesn’t necessarily mean you have to take your case to court. You can sue the liable party and still settle your case before it gets to the trial stage. However, you must file your lawsuit on time to recover a settlement for your accident case.
According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file both a personal injury and wrongful death lawsuit. Your oilfield accident attorney will ensure you’re aware of the statute of limitations that applies to your case so you don’t miss out on the compensation you need.
Get in Touch With Loncar Lyon Jenkins Today to Learn More About Whether Your Oilfield Case Should Go to Court
Not all oilfield accident cases need to go to court. If yours does, however, the team at Loncar Lyon Jenkins will fight for your damages. We will gather evidence, prepare witnesses to speak on your behalf, and let you know what you can expect in the courtroom.
Call us today to learn more about working with our personal injury attorneys. We take cases like yours on a contingency-fee basis and we offer free initial consultations to all personal injury victims. Call us 24/7 to get started.
