Available 24/7/365 Free Consultations
(800) 349-0000
Request Free Consultation

Essential Elements of a Houston Oil Rig Explosion Lawsuit

Oil rigs are inherently dangerous. Yet, there are dozens of laws and regulations that require employers and owners to minimize risk through safety procedures and processes. When someone fails and an accident happens, you may find yourself seeking financial compensation for your losses. That may mean seeking a lawsuit.

Understanding the essential elements of a Houston oil rig explosion lawsuit helps you prepare for what is to come. Consider the components of a lawsuit, and speak with a lawyer today.

Proving Negligence Is First

Before you can file a lawsuit, you need to be able to demonstrate negligence. Negligence has four distinct parts, all of which must be proven before you can file and win a lawsuit. That includes:

  • Duty of care: The at-fault party owed you a duty of care. For example, an employer must provide a safe workplace for employees.
  • Breach of duty of care: You must show that the employer or other party breached their expected duty of care in some way.
  • Causation: There must next be a clear indication that the breach caused the accident to occur.
  • Damages suffered: You must have suffered tangible damages in the accident, including physical injury and financial loss.

Proving all four of these elements is critical to winning your case. Consider what the next steps in this process are.

Filing a Lawsuit

Under Texas law, the victim has two years from the date of the accident to file a lawsuit against the at-fault party. This is the state’s statute of limitations. If you are within that timeframe, the following steps take place:

  • All evidence is gathered by your attorney to demonstrate who is at fault and what your losses are.
  • Your attorney files a lawsuit in a court of law. The defendant is notified of this action.
  • The defendant has time to investigate. There is a process of discovery in which the victim must answer questions, and a full investigation occurs.
  • The defendant may elect to settle the case at any point, and that would end the process. If they decide not to settle, the next steps take place.
  • Trial preparation happens next. Your lawyer will work closely with you to navigate this process and prepare you for what will happen throughout this process.
  • During a trial, you will be asked questions, and evidence will be presented. Expert testimony is often used to demonstrate what happened and why. Your attorney and the defendant’s attorney will present their sides of the case.
  • A judge or jury will determine the outcome of your case. This includes what damages you may be owed.

The lawsuit process can settle at virtually any time. That would mean that the at-fault party agrees to provide a sum of money and other conditions in agreement with you. Insurance companies can sometimes wait until the last minute to take this action to avoid court.

How Our Houston Oil Ring Accident Lawyer Works for You

In these situations, there are many moving parts, and expertise in this area can be critical. At The Doan Law Firm, our Houston oil rig lawyers have extensive experience fighting for victims and their rights. Contact us for a free consultation to discuss your accident and your right to seek a lawsuit to hold those who hurt you accountable.