How Do I Pick an Oilfield Injury Lawyer? Fees Explained
Look for real oilfield experience, a trial record and board certification in Personal Injury Trial Law from the Texas Board of Legal Specialization. Most injury lawyers work on contingency: nothing up front, and a percentage only if they recover money. Get the fee agreement in writing, ask how expenses work, and walk away from anyone who solicited you after the accident.
Every billboard on Interstate 20 promises the same thing. The difference between lawyers shows up later: in who sends preservation letters the first week, who knows what a daywork contract means, and who the other side believes will actually try the case. Here's how to tell them apart before you sign.
Five Things to Look For
Real oilfield experience
Chapter 95, nonsubscriber law, MSAs, comp liens and rig data are their own world. Ask how many oilfield cases they've handled, not just injury cases.
Board certification
Certification in Personal Injury Trial Law from the Texas Board of Legal Specialization takes years of trial work, a specialty exam and review by judges and lawyers. Few Texas lawyers have it.
A willingness to try cases
Insurers track which lawyers go to trial and which always settle. Their offers reflect it.
The money to fight
Oilfield cases need engineers, rig experts, economists and life care planners. Your lawyer has to be able to fund them.
Who actually handles your case
Ask who you'll talk to week to week. The name on the billboard isn't always the lawyer on your file.
How Contingency Fees Work
In an injury case, most lawyers don't charge by the hour. They take a percentage of what they recover for you, and if there's no recovery, there's no fee. Texas requires contingency fee agreements to be in writing and to spell out how the fee is calculated.
The percentage is only part of the picture. Before you sign, ask:
Does the percentage change? Many agreements step up if a lawsuit is filed, the case goes to trial or there's an appeal.
Who pays expenses? Experts and depositions can cost a lot. Ask if you owe them if the case is lost.
Before or after? Is the fee figured before or after expenses come out? It changes your take home.
Who works the liens? Will the firm negotiate comp, health insurance and hospital liens down at the end?
If a firm plans to refer your case or share it with another firm, Texas requires your written consent. Ask who will actually do the work.
Workers' comp fees are different
Lawyer fees on a Texas comp claim are set by law. They must be approved by the Division of Workers' Compensation or a court and generally can't exceed 25 percent of your recovery under Labor Code 408.221. A third party lawsuit against other companies has its own fee agreement. See third party claims and comp liens.
Red Flags to Walk Away From
Solicitation after an accident is illegal
Using paid runners to sign up accident victims is barratry, a crime under Texas Penal Code 38.12. If you signed with a firm that came to you that way, Government Code 82.0651 lets you void the contract. You can hire the lawyer you choose.
What to Bring to Your First Meeting
Don't wait to have all of it. A good lawyer can get most of these for you. See what to do in the first 24 hours and every Texas oilfield injury deadline.
Why Injured Hands Call Horton Legal
Alex Horton is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been named a Texas Super Lawyer. His practice is built around oilfield and industrial injury cases across San Angelo, Midland, Odessa and the Permian Basin. Sarah Horton, a former Harris County prosecutor with 24 jury trials, brings courtroom experience to the team. Every case is handled on contingency, and you'll talk to the lawyers working your case.
What Texas Law Requires
Up Front
Contingency means no fee unless money is recovered for you.
Fee Agreements
Texas requires contingency fee agreements to be written and to explain how the fee is calculated.
Comp Fee Cap
Lawyer fees on a comp claim must be approved and generally can't exceed 25 percent of your recovery.
More on Choosing a Lawyer
How much does an oilfield injury lawyer cost in Texas?
Most work on contingency: nothing up front, and the fee is a percentage of what's recovered. Texas requires contingency fee agreements to be in writing and to explain how the fee is calculated. Ask how case expenses are handled and if the percentage changes after a lawsuit is filed or the case goes to trial.
What does board certified mean for a Texas injury lawyer?
Board certification in Personal Injury Trial Law comes from the Texas Board of Legal Specialization. Lawyers must show years of substantial injury trial experience, pass a specialty exam and be vetted by judges and other lawyers, then recertify periodically. Only a small share of Texas lawyers hold it.
How much can a lawyer charge on a workers' comp claim in Texas?
Attorney fees on a Texas comp claim must be approved by the Division of Workers' Compensation or a court and generally can't exceed 25 percent of the worker's recovery under Labor Code 408.221. Third party lawsuits have separate fee agreements.
A lawyer called me after my accident. Is that legal?
Using paid runners to solicit accident victims is barratry, a crime under Texas Penal Code 38.12. If you signed a contract that came from illegal solicitation, Government Code 82.0651 lets you void it.
Learn more about Alex Horton, or see all of our oilfield injury questions.
Texas Board of Legal Specialization · Texas Labor Code Chapter 408 · Texas Government Code Chapter 82 · Texas Penal Code Chapter 38
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship.
Pick Your Lawyer Like
Your Case Depends on It.
Because it does. Talk to a Board Certified oilfield injury lawyer, ask every hard question, and pay nothing unless we win.