Insurance can play a significant role in your oilfield accident claim, as it could be the primary source of your financial compensation. You may also have other legal options to pursue a settlement, such as filing a personal injury lawsuit.
An Dallas oilfield accident lawyer can review the details of your case and explain your legal options for seeking fair compensation. They will also review the terms of any insurance policies you pay for to determine which accident-related losses might be covered by insurance.
Your Insurance Policy May Cover Your Oilfield Accident-Related Damages
In an oilfield accident case, insurance coverage can vary significantly depending on the policies held by the employer, contractors, or other involved parties. However, common types of damages that might be covered by insurance include:
- Medical expenses: Costs associated with emergency care, hospital stays, surgeries, medication, and ongoing medical treatments related to injuries from the accident.
- Lost wages: Compensation for the income you lost while unable to work due to your injuries.
- Rehabilitation costs: Expenses for physical therapy, occupational therapy, and other rehabilitation services needed to recover from your injuries.
- Non-economic damages: Compensation for physical pain and emotional distress you’ve endured as a result of the accident. This can include anxiety, depression, and loss of enjoyment of life.
- Loss of earning capacity: If your injuries prevent you from returning to your previous work or earning the same amount of money as before the accident, insurance may cover the difference in your earning potential.
- Wrongful death and survivor benefits: In cases where the accident results in fatality, insurance may provide compensation for funeral and burial expenses, loss of income and support, and loss of companionship for the deceased’s family.
- Disfigurement and permanent disability: Compensation for permanent physical impairments, scarring, or other forms of disfigurement resulting from the accident.
- Property damage: If personal property was damaged as a result of the oilfield accident, insurance might cover repair or replacement costs.
It’s important to note that the extent of coverage and the types of damages covered will depend on the specific insurance policies in place and their terms, including any exclusions or limits on coverage.
Each case is unique, and the coverage available will depend on the facts of the case, the type of insurance policies involved, and the jurisdiction. Consulting with a personal injury lawyer experienced in oilfield accidents can help clarify which damages may be covered in your specific situation.
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An Oilfield Accident Attorney Can Help You Avoid Complications With the Insurance Company
Navigating an oilfield accident claim can lead to several complications with insurance companies, due to the complex nature of these claims and the significant financial implications for the insurance providers. Here are some common complications your lawyer can help you avoid:
- Dispute over liability: Insurance companies may dispute liability for the accident, especially if there is uncertainty about the cause or if multiple parties could be responsible.
- Questioning the severity of injuries: Insurers might challenge the extent of your injuries to minimize your settlement. This could involve requesting independent medical examinations or disputing medical reports and bills.
- Delay in processing claims: Insurance companies may delay the processing of claims to negotiate lower settlements. Delays can put financial pressure on claimants, compelling them to accept lower offers.
- Denial of claims: Insurers may deny claims based on technicalities, such as alleging that the claim was not filed on time, the injury is not covered under the policy, or that you failed to follow safety protocols.
- Underestimation of damages: Insurance companies might underestimate the value of your claim, including the costs associated with medical care, rehabilitation, and lost wages, in an effort to reduce their payout.
- Pre-existing conditions: Insurers may attribute injuries to pre-existing conditions rather than the accident in an effort to avoid paying you.
- Negotiation and settlement Issues: Insurers may offer a settlement that is far lower than the actual value of the claim, betting on the claimant’s lack of knowledge or desperation to settle quickly.
To navigate these complications effectively, it is often beneficial to hire a Dallas personal injury lawyer experienced in oilfield accidents. Such a lawyer can advocate on your behalf, negotiate with insurance companies, and ensure that your rights are protected throughout the claims process.
Let Your Legal Team Protect You from Bad Faith Insurance Tactics
If you hire a lawyer to help you manage your compensation claim, they can protect you against tricky insurance tactics by:
- Handling negotiations: Utilizing skilled negotiation techniques to ensure fair compensation, countering lowball offers effectively.
- Gathering evidence: Collecting comprehensive evidence to strengthen your claim, including medical records, expert testimonies, and accident reports, to counteract disputes over the severity of injuries or liability.
- Applying legal knowledge: Leveraging an in-depth understanding of laws and regulations to challenge unfair claim denials or policy interpretations.
- Communicating: Handling all communications with the insurance company to prevent you from being pressured into accepting an unsatisfactory settlement.
- Preparing for court: Demonstrating readiness to take the case to court if necessary, which can motivate insurers to offer a fair settlement to avoid litigation costs and risks.
- Analyzing your policy: Thoroughly reviewing insurance policies to identify all potential sources of compensation and disputing any unjust exclusions or limitations.
Your lawyer acts as a critical shield against insurance tactics, ensuring your rights are protected and you receive the compensation you deserve.
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You Can File a Lawsuit and an Insurance Claim Simultaneously to Get the Fair Settlement You Deserve
Once you have a personal injury law firm review your case, they can explain your legal options. Many oilfield accident victims decide to file both an insurance claim and a personal injury lawsuit at the same time, ensuring they’re seeking all the damages they’re entitled to.
If you decide to file a personal injury or wrongful death lawsuit, you will need to get started right away. The statute of limitations, Texas Civil Practice and Remedies Code § 16.003, generally only gives you two years to file your case.
Contact Loncar Lyon Jenkins for Help Filing Your Injury Claim
The personal injury attorneys at Loncar Lyon Jenkins can help you navigate the legal process after your oilfield injury. Our team is prepared to handle communications with the insurance company on your behalf, helping you avoid saying or doing anything that could jeopardize your case.
Reach out to us as soon as possible to get started. Our team will provide a free initial consultation when you call us.