The oil and gas industry is one of the biggest in the country, and according to the United States Department of Labor, it will continue to grow in future years. This industry plays a substantial role in our economy — but is it safe?
For many workers and oil accident victims, the answer is no. When those in charge disregard safety measures, oilfield incidents lead to grave injuries and even death. An oilfield injury lawyer can help if you or a loved one have been in an oilfield incident.
Four Tips for Negotiating a Fair Settlement in an Oilfield Injury Case
No one wants to believe they’ll be involved in a serious accident, but it’s important to know your options when the time comes. Consider the tips below if you’re involved in a negotiation to settle an oilfield injury case.
Break Down Economic and Non-Economic Damages
If you’re able to pursue a personal injury claim rather than workers’ comp, you have the potential to collect more in damages. While calculating this amount, it’s essential to consider economic and non-economic compensatory damages.
Economic damages are the easiest to calculate. These are the financial losses you suffer directly from your oilfield injury, including medical bills and lost wages
Non-economic damages account for damage that isn’t calculable. Non-economic damages compensate for pain and suffering, emotional distress, disfigurement, and loss of quality of life. Many times, these non-economic damages are much more significant than the economic losses suffered.
Understanding this distinction in oilfield accident cases is essential for ensuring you claim all possible compensation.
Consider Punitive Damages
Compensatory damages aren’t your only option. If an individual is responsible for your oilfield injury by gross negligence or willful, wanton, or malicious conduct, you may be able to claim punitive damages.
Punitive damages increase the financial value of your compensation while punishing the guilty party for their wrongdoing as an example to discourage similar behavior in others. Oilfield accidents have serious, life-altering consequences. It’s important to hold the guilty party responsible.
Knowing how to argue for punitive damages ensures you’re covering all your bases and considering every possible avenue for compensation.
Account for the Future
While filing a claim for your oilfield injury, remember this experience has transformed not only the present but also the future.
Your injury will likely continue to affect your daily life through physical pain, range of motion, or a change in quality of life. If your injury prevents you from working, you should account for the wages you’ve lost and those you will lose as a result of this injury.
The same logic applies if you are not the victim of an oilfield injury and are instead advocating for a loved one through a wrongful death claim. If your loved one was on a career path with the potential for growth, remember to include that in your calculations of financial loss.
Oilfield injury lawyers will help you calculate this total and account for future financial losses.
Use Your Resources
Don’t try to negotiate alone. You’ve been through a traumatic experience and will need support throughout this process. You have enough to deal with, so let a proper legal professional pick up the slack.
Hiring an experienced oilfield injury lawyer can ease the pressure of these procedures significantly. They will have access to medical professionals and economists who can assist in calculating your financial loss. You won’t be negotiating without direction; you’ll have proof.
Contact Fadduol, Cluff, Hardy & Conaway, P.C.
Injured in an oilfield accident? Contact FCHC Law today at (800) 433-2408 to discuss your options. At Fadduol, Cluff, Hardy & Conaway, P.C. we have both lawyers and staff who are willing and able to speak to you in Spanish.