Articles Tagged with Accident Attorney Forney

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We don’t need to tell you that an oilfield is a dangerous place to work. There are drilling rigs, work-over and completion rigs, gas plants and compressor stations, hot oilers, oilfield trucking, roustabout and other oilfield services require the use of heavy and dangerous equipment.

On top of all that, the operations must be carried out in an environment surrounded by highly explosive and dangerous chemicals. In order to ensure a safe workplace for an oilfield worker demands constant attention to the details of safety policy and procedure. Failing to adhere to policy can set the stage for accidents resulting in catastrophic, and even fatal, injuries.

Negligence, error, and defective machinery are the most common causes of oilfield injuries. During these times of boom or bust, calls from corporate require increased production from the field in the name of profits. This can create a dangerous combination of shortcuts, employee exhaustion, and an overall failure to adhere to the set safety and procedure guidelines.  This is type of renegade work environment is how oilfield workers become injured. Its that wildcatter, can-do attitude of the workers and the corporate attitude towards profit margin that puts the oilfield worker at great risk of injury. Whether they are working offshore, or working in the Permian basin or elsewhere in this oil rich state, the general attitude remains the same: drill that oil, make that money. Oilfield workers are some of the hardest working men around. They work in dangerous conditions for long hours and often with very little sleep for days.

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The insurance company is not your friend. I feel like I say this to every potential client, and I get the same response “they’ve been really friendly so far.”

Then we get into the claims process and get down to brass tacks and the client quickly realizes that, had they gone into this without an attorney, what would have been considered “fair” by the insurance adjuster’s definition would have been much different and less zeros on it.

Case in point, I was speaking to a friend recently I had not seen in nearly a decade and it came up that he had been involved in an 18-wheeler accident a few years back. He told me how he had tried to go it alone for a while against the insurance company, in part because they seemed to be on his side and they accepted liability right away. He was hurt pretty bad in the accident and required shoulder surgery and weeks of rehabilitation.  However,  in his initial meeting with the insurance company’s adjuster, they offered him $1,500. He said he couldn’t believe it and as he said it, he seemed to think that I should be surprised too, but I wasn’t.

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Time is of the essence if you or a loved one has been involved in an 18-wheeler wreck. The trucking company and the insurance company is going to take steps to eliminate evidence of wrongdoing on their part. You need to hire an attorney and get them working on protecting the evidence related to the accident because it has a very funny way of disappearing.

For instance, there was a fatal 18-wheeler accident involving Forney resident, Latonya Child, in Fate, Texas near Rockwall off of Interstate 30 just the other day. Absolutely horrific tragedy. The driver of the truck obviously did not stop. Although this information is generally applicable to all accidents, but if I were advising this family as a lawyer, or even as a friend, I would say: hire an attorney and do it now. I have handled too many 18-wheeler wreck cases involving incapacitating injuries and deaths to say any different. That family, and any other family involved in such a tragic accident needs someone to tell them that the insurance company is not their friend and does not have their best interests at heart, no matter what the insurance company says. They need someone to protect their rights and make sure that the person who decided to be negligent on that day and take away their loved one pays for what they did. Period.

It is vitally important to the injured party’s case that an attorney take certain actions to protect evidence in the days and weeks following an 18-wheeler wreck. The three main things an attorney needs to for anyone in such a situation send spoliation letters (evidence protection letter), get an accident reconstruction specialist out to the scene of the accident, and get ahold of all the witnesses and take their statements.

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Hospital bills piling up? We know how that goes. Literally. After you are injured in an accident, you will probably have several different kinds of bills related to medical services that were provided to you after the accident. You will likely have hospital bills, ER doctor’s bills, and emergency services bills, such as the EMS ambulance that treated you and transported you to the hospital. You will have the emergency room bill for the treatment you received there. Additionally, you may have subsequent treatment from your family doctor, or you may need to have additional treatment by a specialist. All of these providers will want to place a lien on your recovery, or put your account under a letter of protection to protect their right to recover money for the services they provided you once your case settles or goes to trial.

The job of a personal injury attorney is to determine which of these liens has priority and to settle these liens with the providers once your claim has been settled or a judgment has been paid. We often hear questions from injured clients and injured potential clients when they come meet with us in our Forney, Dallas, or Rockwall locations about how their doctor’s bills will end up affecting their recovery. In order to understand how these liens will affect your recovery for injuries you received here in Forney, Dallas, Rockwall or anywhere else in the State of Texas, you need to have a basic understanding of how the liens work and how they are perfected by the hospitals. Only then can we begin to understand how much they will affect your recovery.

How Do Hospital Liens Work?

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In a typical personal injury case, there are a variety of “damages” that you may have incurred as a result of the accident. If you received injuries from the accident, then it is very important get copies of medical information, and the amount of money you or your insurance company have paid out as a result of your injuries.

When you first meet with a personal injury attorney, one of the first things they will want to know is the extent of your injuries, and whether those injuries will affect your ability to work/live in the future. It is helpful to bring copies of medical statements and information so that the attorney will be able to get an idea of the scope of your injuries, but at the initial consultation it is not 100% necessary. But if I were you, I would.

Once you have signed a representation agreement with an attorney, they will request that you immediately get them all of your current medical billing and information from the accident. They may request your office visit notes from each visit. They will also request what are called “Explanations of Benefits” or “EOBs” from your health insurance provider. EOBs are an explanation of the amount of benefits you have used during the current year/month, etc.. It is a helpful tool to determine how much your injuries have cost your insurance company. The attorney will also want to know exactly how much you have paid out of pocket. Providing receipts for things that you have paid for, and even providing a mileage accounting for travel to rehab and doctor’s visits as a part of your ongoing recovery will be requested.

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