Have you been hurt on an offshore drilling rig or platform? If so, you may demand fair compensation from your employer, the rig owner, and any other liable party.
To secure the compensation you deserve, you and your Houston oilfield accident attorney must prove that the other party was negligent. Negligence in offshore drilling accidents can take many forms.
At Havens & Associates, we have the skills and experience necessary to prove liability on the part of the party who harmed you, no matter how complex the case can get. Contact us today at (713) 955-2215 for a free consultation.
Exploring the legal concept of liability in offshore drilling accidents
Where the accident happened often determines your legal options. For example, Texas does not require all employers to carry worker’s compensation insurance, but if you were offshore on a rig, then you may be covered instead by The Jones Act or other maritime laws that provide the legal avenue for you to demand compensation for your losses.
No matter which laws apply, your personal injury attorney focuses on proving the four elements of legal liability and negligence:
- Duty of care – The defendant had a duty to protect your safety and take measures to prevent harm.
- Breach – The defendant’s actions (or inaction) breached duty of care, leading to the accident that caused your injuries.
- Causation – Causation in this case means that you would not have been hurt had the defendant not breached their duty of care.
- Damages – You were injured and suffered financial loss (damages) due to the other party’s negligence.
Many offshore drilling negligence cases center around the failure of an employer or rig operator to provide property safety equipment and security measures. As your Houston offshore accident attorneys, it’s our role to draw the connection between the defendant’s actions or oversight and the harm you suffered.
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How our attorneys prove negligence in your offshore accident claim
Each case has unique elements, but for the most part, the investigation into the matter and building a case to prove negligence often includes:
- Evaluating safety and maintenance records of the accident site
- Interviewing witnesses
- Analyzing any electronically recorded data, such as an equipment log
- Reviewing photos or a video of the accident
This helps us establish that a duty of care existed and that the defendant abandoned that duty of care.
Successfully litigating against powerful oil and gas employers requires a depth of knowledge of federal and Texas injury laws, including U.S. maritime law, that may apply in your case. It also requires significant resources, including the cost of sifting through often-confusing witness accounts.
Other resources we use to prove liability in offshore drilling accidents include the testimony of medical experts and expert engineers. They can attest to how the accident was caused by negligence and how the incident caused your injuries.
The purpose of an oilfield accident injury suit is to collect compensation from the at-fault party. The insurance company usually pays for this, so your lawyer will negotiate with the carrier and the defendant to secure a settlement on your behalf.
Proving the value of your total losses
Once we’ve proven the defendant’s liability, our next step is to prove the extent of your damages. Damages refer to all the fiscal losses you suffered from the accident.
We often use your medical records and billing statements to link your injuries to the accident and establish the full cost of your medical care. There’s a good chance you missed work because you were injured, so we use pay stubs or an employer statement to note the value of unearned wages, which is also part of your settlement.
If you suffered other material losses, such as property damage or the cost of renovating your home or vehicle to accommodate a disability, we’ll ask for money to cover that, as well.
Some damages aren’t as easily quantified as the cost of your past and present medical care or lost wages. However, they’re still valuable, and you deserve to be fairly compensated for the pain and suffering from your injuries, the emotional trauma, and your diminished quality of life.
We use the total of your material losses to calculate a fair value for your non-economic losses.
Schedule a free legal consultation with our Houston oil rig injury attorneys
The legal team at Havens & Associates represents victims like you who have suffered in offshore drilling accidents. We’re committed to protecting your legal interests, including building a strong case against the party responsible for your accident. Contact our offices today at (713) 955-2215 for a free consultation.
