If you were injured in an oilfield accident, there are a few things that you need to prove in order to win compensation for your damages (medical expenses, lost wages, etc.).
Oilfield work is dangerous work, so the existence of an accident alone is not sufficient evidence to hold your employer or other companies liable. Under Texas law, you will generally be required to show that one or more persons or companies acted negligently.
Therefore, against each person or company from whom you seek compensation, you must prove all of the following elements:
- That one or more persons (usually acting on behalf of a company) owed you a legal duty,
- The person(s) did something to violate or breach the duty he or she owed you, and
- Because this person(s) breached his legal duty to you, you were damaged (injured in some way or incurred expenses or losses).
Proving A Company or Its Employees Were Negligent – Not As Easy As It Sounds
The three elements above, when met, constitute a legal construct referred to as “negligence.” Many people misuse the term “negligence,” or fail to understand it’s legal significance or requirements. This can lead oilfield accident victims to believe they have an easy, or “slam dunk” case, when this simply is rarely the case.
What makes proving negligence so difficult? There are many factors, but some include:
- Multiple parties involved in area where the accident occurred (who did what, who caused what issue)
- Withholding evidence (companies will withhold documents, make you file a lawsuit to get access to evidence you need)
- Loss of evidence
- Proportional responsibility (whether you did something to contribute to the accident)
- Missing witnesses or witness statements
- Witness tampering (including skilled investigators instructing employees on what to say, and what not to say)
- Assumption of risk (that you knew the job was dangerous and agreed to do it anyway)
Because investigating and getting access to necessary evidence to prove your oilfield injury case is difficult, it’s important that you act quickly to get a skilled oilfield injury attorney fighting for you. The longer you wait, the more likely evidence will be lost or destroyed, and the more difficult it becomes to prove your case.
Don’t Fall Victim to Insurance Company Tricks
If you’ve been seriously injured in an oilfield accident, the insurance companies for the companies involved will almost certainly try to take you for a ride, and they will do almost anything they can (including deception) to keep from paying you a fair settlement for your injuries.
Don’t risk your health or your financial future by falling victim to these tactics.
Get experienced and aggressive oilfield injury lawyers in your corner today by calling us at (210) 910-4357 right now.
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