Common Questions For The Injured
As experienced personal injury attorneys in the Permian Basin, we know that you have questions. Our attorneys will guide you through the claims process and provide answers to the most common questions we receive. If you have further questions and need to discuss your case, contact Kemmy Law Firm today.
How Long Do I Have To File My Claim?
Texas law requires that all personal injury claims be filed within two years. However, If you are filing a workers’ compensation claim due to a work injury at an oilfield, you have one year to file your claim from the date of the injury.
How Do I Maximize My Compensation?
In any personal injury, there are actions you can take to benefit the outcome of your case. This includes taking proactive steps to gather evidence to support your claim.
Photos And Videos
Things can be hectic after an accident or injury. If you are able, take photos and videos of the scene where the accident occurred. This includes anything from the damage to your vehicle for car accidents or the object that caused you to trip and fall at work. This will help prove negligence. An attorney can further investigate the scene and recruit the help of experts to examine the evidence.
Witnesses
Most likely, your accident occurred among witnesses. If that is the case, an attorney can review witness statements or interview individuals who were at the scene.
Police Reports
Police reports can prove to be a valuable asset to support your claim. These reports document the time, date, location, and names of everyone involved. An attorney can use this report as further evidence for your injury claim.
I Was Injured While Working At An Oilfield. Should I File A Personal Injury Lawsuit?
Although a work injury often warrants a workers’ compensation claim, there are instances where a personal injury lawsuit is necessary. You should file a personal injury lawsuit if:
- Your company does not provide worker’s comp insurance
- You’re an independent contractor
- A third-party outside of your employer is at fault
Who’s Liable For My Oilfield Accident?
Many parties could potentially be at fault for your oilfield accident. Some common examples include:
- Your employer
- Equipment manufacturer
- A co-worker or other third party
An attorney can review your case and gather the necessary evidence to determine fault.
How Is Negligence Proven In Oilfield Accidents?
To prove fault in a personal injury case, an attorney must establish the four elements of negligence:
- 1. There was a duty of care
- 2. Someone’s reckless or careless actions breached that duty
- 3. These reckless actions caused you injury
- 4. That injury resulted in monetary and non-monetary damages requiring compensation
For example, your employer would be found negligent if an attorney finds you were injured because they violated OSHA regulations.