Oilfield work is essential, but the dangers are undeniable. Hundreds of people get hurt in oilfield accidents each year.
In many cases, accident victims accept a settlement to compensate them for their injuries.
If you were hurt on the job or while visiting an oilfield, Tawney, Acosta & Chaparro P.C. can help you seek compensation. We negotiate oilfield injury settlements and know what it takes to get the highest amount possible.
Contact our firm today to discuss your case in a free, confidential consultation. A New Mexico oil rig accident attorney can review your situation and outline potential options.
What Are Oilfield Injuries?
The oil and gas sector is known for its high-risk environments. Employers and landowners must protect anyone who enters an oilfield. Yet, many workers face hazardous conditions daily.
Injuries can range from minor cuts and bruises to severe, life-altering conditions. Some of the common injuries our firm sees include:
- Traumatic physical injuries. These include broken bones, burns, lacerations, and amputations often caused by machinery accidents, explosions, or falls.
- Chemical exposure. Workers may suffer from chemical burns, respiratory issues, or long-term illnesses due to exposure to hazardous substances.
- Overexertion and repetitive stress injuries. The demanding physical labor can lead to musculoskeletal disorders, strains, and sprains.
- Occupational illnesses. Prolonged exposure to certain hazards can lead to chronic health problems like hearing loss, silicosis, or cancer.
Speak with Tawney, Acosta & Chaparro P.C. no matter the type of injury you have. We help you file a claim to cover damages like medical expenses and lost income.
How Does a Settlement Work?
An oilfield injury settlement is an agreement between you and the responsible party. These agreements help you resolve your claim without needing to go to court.
Here’s a simplified breakdown of the settlement process:
- Complaint. Your lawyer will file a claim against the liable party, notifying them of your damages. This complaint will outline your legal theory and need for compensation.
- Negotiation. The other side will likely attempt to negotiate with you by offering a payout to cover your injuries. The initial offer is often low and will lead to back-and-forth discussions.
- Agreement. Once both sides agree on a settlement amount, they will draft a formal agreement. Accepting this settlement resolves the dispute and prevents you from taking any further legal action.
- Compensation. Once both parties sign the settlement, you’ll receive the compensation, typically through a check or direct deposit.
It’s important to note that this is a simplified explanation. You need to speak with an oilfield injury lawyer to understand the specifics of your settlement process.
Factors Influencing Oilfield Injury Settlements
There is no average payout for oilfield injury settlements. All cases are unique, and parties will consider some of the following factors to reach a fair agreement.
Gastos médicos
Medical expenses form a substantial part of the settlement calculation. They encompass all costs associated with your injury, including past and future expenses.
Common medical costs can include:
- Cirugías,
- Estancias hospitalarias,
- Medicamentos,
- Rehabilitation, and
- Specialized equipment.
Calculating the total cost of your medical needs is difficult. You may need to work with an attorney and medical experts to understand the full extent of your damages.
Liability of Parties Involved
You will only receive a settlement if someone is liable for your injuries. To hold them accountable, you will need to prove the other side’s wrongdoing.
However, this process is not simple, especially because New Mexico law allows parties to share fault. You may get a settlement amount lower than the average if you share any liability.
Insurance Coverage Limits
The at-fault party will likely rely on their insurance policy to cover your settlement. However, the insurer won’t usually pay more than the coverage limit.
If the liable party’s insurance has a maximum payout of $1 million, your settlement won’t exceed that amount, even if the total value of your claim is higher.
For this reason, it’s important that your lawyer investigate the at-fault party’s insurance coverage. They can use that information to determine a fair settlement offer.
Lost Wages and Future Earning Capacity
A serious injury can cause you to miss work while you recover. Additionally, your injuries may limit your ability to work in the future.
You may need to take a lower-paying job or retire early. If so, you can factor these lost wages and lower earning potential into your settlement.
Your Legal Representation
Attorneys play a crucial role in negotiating a fair settlement. They must show why the law and evidence support your claim for compensation.
If your lawyer miscalculates your damages or doesn’t negotiate well, you may end up accepting a low settlement.
How a Lawyer Can Help with a Settlement
The liable party and their insurer will do everything possible to minimize the value of your claim.
You need an advocate by your side, and that is where the lawyers at Tawney, Acosta & Chaparro P.C. can help. We will stand up for your rights and seek a fair outcome for your dispute.
Here are some of the ways we can help you during the settlement process:
- Case management. Your lawyer will thoroughly analyze your case, gather evidence, and determine the full extent of your damages. This comprehensive evaluation helps build a strong foundation for your claim.
- Negotiation abilities. Our lawyers have decades of experience negotiating with insurance companies. We understand common insurance tactics and will ensure they never take advantage of you.
- Knowledge of oilfield regulations. Oil and gas industry regulations are complex. Our attorneys are well-versed in relevant safety standards and can show how liable parties violated your rights.
- Emotional support and guidance. Oilfield injuries can be physically and emotionally challenging. Your lawyer can provide support and guidance throughout the legal process, allowing you to focus on healing and recovery.
The settlement process can take several months or years. Be patient during this time, and trust that our firm will always have your best interests in mind.
Schedule Your Free Case Consultation
You only have one opportunity to negotiate a settlement. Work with Tawney, Acosta & Chaparro P.C. to make sure you get the best offer possible.
We have decades of experience litigating personal injury cases and have helped many clients recover seven-figure outcomes.
Schedule your free consultation today to discuss your case and learn how we can help you get back on your feet.
Daisy Chaparro
Daisy Chaparro nació y creció en El Paso, Texas. Se graduó de la Escuela Secundaria El Dorado en 2008 y obtuvo una Licenciatura en Ciencias Políticas con una especialización en Filosofía de la Universidad de Santa María en 2012. Daisy luego obtuvo su Doctorado en Derecho (magna cum laude) de la Escuela de Derecho de la Universidad Tecnológica de Texas en 2015.
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