How Your El Paso, TX Oilfield Injury Lawyer Will Help You Prove Negligence
After an oilfield blowout or a refinery explosion, the civil case turns on four questions that your lawyer will need to help the jury understand:- Did the company or contractor owe a duty to be careful?
- Did it fall short of that duty?
- Did that shortfall play a real part in causing the blast and thus the harm to you?
- Did you suffer actual losses?
Company Duty
Operators, drillers, contractors, and pipeline companies are required by law to use every possible precaution and the most current approved methods to keep oil and gas from escaping, and a refinery or process unit that holds certain listed chemicals must follow OSHA's Process Safety Management standard. Your lawyer will use all the rules as a yardstick to compare the company's actions and show where they fell short of their duty.Reconstructing Cause
Just because a company was failing in a particular duty doesn't automatically mean that failure was the cause of the explosion. That has to be investigated, and site photos, damaged valves, pressure charts, work permits, contractor sign-in sheets, and witness accounts will have to be compiled and put together to tell the story. Your lawyer will likely send preservation letters to demand that evidence be kept safe and will have expert witnesses evaluate everything as needed.Deciding Who to Sue
An employee of a company that carries workers' compensation usually can't sue that employer for ordinary negligence. But if other companies on the site caused the accident or contributed meaningfully to it, they can be sued. Your lawyer will sort through all the players, from the lease operator to the drilling or completion contractor, the well-control company, the refiner, the maintenance contractor, and the maker of any failed valves or sensors that contributed to the issue. Your lawyer can then help you decide what claims to bring.Proving Your Losses
You'll need to show you suffered real, tangible losses, like financial losses from medical care and lost wages, physical impairment, etc. Again, your lawyer will compile the evidence needed to show all this and put it together in a compelling way to show an insurance adjuster or court what really happened and what you've lost.To get a free consultation on your case, contact the Labinoti Law Firm today in El Paso or Las Cruces, NM. We don't just represent clients: we champion people.