Oilfield Injury Lawyers in Hobbs, NM

Why Choose Kemmy Law Firm

When you are injured in any oil and gas industry accident, there are a variety of law firms to choose from. However, the Kemmy Law Firm’s oilfield injury lawyers provide:

• A family-focused practice. We are a family-owned and -operated law firm. Every day, we choose to work side by side with our loved ones. This is a constant reminder that everyone is someone’s family, and everyone is deserving of compassion and respect.
• Five decades of experience. Our family of trial lawyers offers over 50 years of experience between us handling catastrophic injuries, and fatalities.
• Necessary legal resources. Over the past five decades, we have gone up against big businesses, major oil and gas companies, and nationwide insurers. The reason we are often is successful is because we have the knowledge, experience, and resources you need, including connections with medical, vocational, economic, accident reconstruction, and industry experts.
• Litigation skills. One of the ways we set ourselves apart from other personal injury and wrongful death law firms in Hobbs, NM, is our willingness to go to trial to secure the recovery you deserve.
• The full value of your damages. Though we can and will take your case to court when necessary, we recognize that most injury claims settle. Because we have a winning record at trial, and because we pursue your claim aggressively, we secure settlements for the full value of your damages.
• Limited caseloads. When we say we value quality over quantity, we mean it. We intentionally limit our caseload to ensure your case receives plenty of time and attention.

New Mexico Oilfield Accidents

As of October 2019, U.S. oil production was at an all-time high. Production peaked at 12.6 million barrels per day that month and expected to grow. A majority of that oil was produced in the Permian Basin, which is located in New Mexico and Texas. New Mexico itself was producing close to one million barrels per day.

Hobbs is in the center of the action. Lea County became the second leading county for oil production in the country in 2019.

While the oil boom is helpful to local and state residents, it has drawbacks. Oil and gas production can be dangerous work, particularly when workers are not given adequate training, personal protection equipment, and supervision. Work-related accidents happen all too frequently, leaving workers injured and some families without their parents and spouses. Truck and transportation accidents also are rising drastically and impacting other personal motorists and workers on New Mexico roads.

In 2018, oil and gas extraction in New Mexico had a nonfatal injury and illness rate of 2.4 per 100 full-time equivalent workers, according to the BLS. Also, New Mexico’s Indicator-Based Information System (NM-IBIS), reported the oil and gas industry’s fatality rate in 2016 was 31.9 per 100 full-time equivalent workers.

New Mexico Oilfield Accidents We Handle

At Kemmy Law Firm, our family of trial attorneys have decades of trial experience and we handle all types of oilfield accidents and injuries. Our background gives us the necessary skills to meticulously investigate oilfield accidents, identify the at-fault and liable parties, and fight for injured workers to recover compensation.

Do not hesitate to call us after:

• Oil truck accidents
• Oil and gas transportation accidents
• Oilfield Equipment and machinery accidents
• Equipment failure
• Natural gas explosions
• Oil refinery and plant explosions
• Fires
• Well blowouts
• Chemical and hazardous material exposure, such as H2S
• Hydrogen sulfide poisoning
• Fracking accidents
• Slips, trips, and falls
• Falls from heights
• Struck by objects accidents
• Confined space collapse and other accidents

Evaluate Your Oilfield Injuries

Call an oilfield injury lawyer right away after being in an oilfield accident and sustaining:

• Multiple and complex bone fractures
• Severe soft tissue injuries
• Lacerations and scarring
• Traumatic brain injuries
• Neck and back injuries, including herniated discs and fractured vertebrae
• Spinal cord injuries and paralysis
• Respiratory injuries
• Vision or hearing loss
• Fire, electric, or chemical burn injuries
• Crush injuries
• Traumatic or surgical amputations

After suffering serious injuries in a work-related accident, whether it was an oil field, an oil rig, or driving a tanker truck, seek out medical attention right away. Being examined and diagnosed right away ensures you begin the appropriate treatment plan as soon as possible.

Receiving medical care you need also lets you begin documenting the accident and your injuries. Creating a paper trail is essential because medical records can be used to confirm the severity of the harm done and establish the value of your damages.

Hobbs, NM Oilfield Deaths

We also understand oilfield injuries may have led to your loved one’s unfortunate passing. When you are dealing with an oilfield death, we recommend you call us right away. An investigation by our oilfield injury attorneys may uncover evidence that helps you receive wrongful death compensation.

Depending on the circumstances, New Mexico wrongful death law may entitle you to damages outside of workers’ compensation death benefits. Wrongful death damages are best discussed with an experienced attorney. While we know this action won’t return your loved on to you, it can help you meet any resulting financial challenges and may offer a chance at closure.

Our Oilfield Injury Lawyers Will Identify Who’s Responsible

When you or a loved one are harmed in an oilfield accident, you need to find out who is responsible.  By knowing who is responsible, you or your family can determine if you want to pursue a third-party liability claim. You may be entitled to file a lawsuit against another person or business whether or not you are entitled to workers’ compensation benefits. A third-party liability claim might be available if someone from outside of your employer caused you harm.

Third-party liability claims can arise when a manufacturer is responsible for a defective product, when a property owner is responsible for a dangerous condition, when a private motorist causes a truck accident, or when an employee from another business causes an incident on your worksite.

Identifying who was directly at fault requires a thorough investigation. We are highly experienced in collecting evidence after an oilfield accident, including any incident reports, photos, videos, and witness statements. We will recommend filing a lawsuit as soon as possible. During discovery, we can obtain additional evidence from the other party, such as business records regarding equipment, inspections, maintenance, training, and supervision. We also will look into the other parties’ backgrounds.

Another step in our investigatory process is to hire experts. An engineer, accident reconstructionist, or oil or gas professional may be able to recreate what happened and pinpoint who was at fault.

Oilfield Injury Compensation

When a third party is responsible for your oilfield or oil rig injuries, the law entitles you to compensatory damages. These cover your physical, psychological, and financial injuries.

Through litigation or an insurance claim, one of our oilfield injury attorneys will fight for you to receive full and fair compensation for your:

• Medical Bills
• Lost Wages
• Physical Pain and Suffering
• Emotional Distress
• Scarring and Disfigurement
• Disability
• Reduced Earning Potential
• Reduced Quality of Life

To obtain the maximum compensation possible for these injuries, you need to prove your damages. This is another area in which an experienced oilfield injury attorney can help.

Establishing your economic damages is relatively straightforward. We typically rely on your medical bills, receipts, pay stubs, and tax returns. Valuing non-economic damages is a bit more complicated. We do not hesitate to bring in medical, vocational, economic, and other experts to help evaluate your economic and non-economic damages. However, there are many factors to consider in determining how much your pain, suffering, mental anguish, inconvenience, and altered future are worth.

Our 50 years of litigation experience gives us a great deal of guidance in pursuing a certain amount for your non-economic injuries. We know the compensation we have obtained for clients suffering from similar injuries.

New Mexico Oilfield Accident Claims

Like other personal injury claims, negligence in an oilfield accident is a breach of a duty of care that causes someone else harm. Generally, everyone needs to act like reasonably prudent people would under the same or similar circumstances. When someone fails to act this way, that is considered negligent and they are liable for your injuries.

The oilfield accident claim process begins when you get hurt and have to seek medical attention. Once you are stable at home or a hospital, we recommend calling an oilfield injury attorney. By retaining an accident attorney right away, you have someone to investigate the incident and advise you of your right to pursue a workers’ compensation claim and a third-party liability lawsuit.

In New Mexico, all employers with three or more employees and in the construction, industry need to provide their employees with workers’ compensation insurance. Workers’ compensation is a no-fault system. If you are injured while working, workers’ comp pays for your medical bills and replaces some of your wages if you are temporarily or permanently disabled. If your employer does not provide workers’ comp when it is legally required to do so, or denies liability for your injuries, retain a lawyer immediately.

Also, if someone from outside of your employer’s company was responsible for your injuries, then the law may entitle you to file a third-party liability claim against them and pursue compensation.

Our oilfield accident attorneys can help you throughout the claims process by:

• Investigating your oilfield accident;
• Identifying the at-fault and liable parties;
• Advising you on your right to third-party liability compensation;
• Filing any necessary personal injury lawsuits;
• Representing you in court;
• Calculating the value of your damages;
• Dealing with the insurance company or companies;
• Negotiating you a full and fair settlement for your injuries; or
• Taking your case to trial.

Frequently Asked Questions

What Should I Do After an Oilfield Accident?

You should get medical treatment immediately after the accident. Then, report the accident to your supervisor and inform them of your injuries. Gather photos and videos if you can as this could strengthen your injury claim.

How Long Do I Have to File a Claim in New Mexico?

The statute of limitations for personal injury claims in New Mexico is three years. Since this is a work injury, you will have to file a workers’ compensation claim with your employer. You must notify your employer of the accident or injury within 15 days and complete a Notice of Accident form.

How Much Compensation Can I Receive in My Settlement?

The compensation you receive varies on a case-by-case basis. Oilfield accidents are especially devastating, and the injuries you experienced might require ongoing care, which results in medical bills and other expenses, not to mention non-economic damages like pain and suffering. Essentially, the more damages you incurred from your accident; the more compensation you might receive.

What Are the Worst Oilfield Accidents?

Oilfield accidents occur all over the world, and they range in severity. Deepwater Horizon is the most infamous oilfield accident and remains as being the largest oil spill in the history of marine oil drilling operations. There are countless other disasters that have left a significant impact on those involved and their families, such as Piper Alpha, Ocean Ranger, and Bohai 2 to name a few.

We Take Oilfield Injury Cases to Trial and Win

Most personal injury claims, including oilfield injury claims, settle out of court. When a business is liable for your injuries, their insurance policies typically cover your compensation, whether that is through workers’ comp or liability insurance.

Our thorough trial preparations often lead to a successful settlement. Going into settlement negotiations with an insurance company requires us to have a thorough understanding of your claim and a great deal of evidence to establish liability and your damages. Being prepared is also crucial when a settlement is unavailable. The insurance company may flat out deny your claim. Or, more commonly, refuse to negotiate in good faith. When an insurer refuses to agree to a fair recovery, we are ready and willing to take them to court.

We can never guarantee that we will win a trial, but we have a very strong track record of success. In the past few years, we have obtained over $50 million for injured clients in settlements and verdicts.