Home >> Practice Areas >> Oilfield Injury Lawyers >> Oilfield Wrongful Death Lawyer

Oilfield Wrongful Death Lawyer

The oil industry sees many common injuries—some of which tragically end up being fatal. Because of this risk, the Occupational Health and Safety Administration enforces guidelines to ensure oilfield workers operate safely.

However, many employers, equipment manufacturers, and other parties might compromise a worker’s safety, causing their untimely death. But the law gives family members options to get justice and financial relief with an oilfield wrongful death claim.

844-334-4388

Surviving family members have the right to pursue compensation from all at-fault parties. Our oilfield wrongful death lawyers at Kemmy Law Firm have helped victims and their families for 30+ years fight for the compensation they need to recover. Contact us today by calling 844-334–4388 to schedule your free consultation.

How to Check Your Employer’s OSHA Violation History

Work injuries cost U.S. businesses and employees billions every year. In fact, the National Safety Council stated that the total… Read More

Oilfield Fatalities in Texas

Texas is the leader in U.S. oil production, and oil rigs across the Permian Basin and West Texas fight to keep up with demand. However, this puts more of an emphasis on profits and not enough on safety, resulting in many workers suffering fatal on-the-job injuries.

According to the Fatalities in Oil and Gas Extraction database, Texas topped the list for fatal oilfield injuries in the country by accounting for 44 out of the total 69 fatal injuries in 2017 (the latest data available). Oklahoma came in second with just six fatal injuries.

Many surviving family members have come forward to pursue oilfield accident wrongful death claims against negligent employers who exposed workers to hazardous conditions. One case involved an employer who violated the Clean Air Act relating to hydrogen sulfide, a toxic gas released during drilling.

What is an Oilfield Wrongful Death Claim?

If you’re loved one suffered a fatal injury while working on an oilfield, you might be able to file a wrongful death claim. This is a civil action that allows the victim’s surviving family members to pursue compensation for their damages.

Chapter 71 of Texas’ Civil Practice and Remedies Code states that you can file a wrongful death claim if the injury that caused your loved one’s death was caused by the liable party’s wrongful act, neglect, carelessness, unskillfulness, or default.

To establish liability, a wrongful death attorney must prove that a standard of care existed, the at-fault party had a duty to uphold that standard of care, the at-fault party breached that duty, and the breach of duty caused your loved one’s death.

Who Can File a Wrongful Death Claim?

The decedent’s surviving spouse, children, and parents may file a wrongful death claim. However, if the decedent’s relatives fail to file a claim within three months, the executor of their estate has the right to file a wrongful death claim.

Is There a Wrongful Death Statute of Limitations?

Texas law puts a time limit on wrongful death claims. If you don’t file within two years, you could lose your right to collect compensation. This may seem like a lot of time after a fatal oil refinery accident, but you could lose critical evidence if you wait too long.

There are exceptions to the Texas statute of limitations. You might have only recently discovered that your loved one’s death was caused by someone else’s negligence. Or, you might have been a minor when the accident occurred or deemed mentally incapacitated until now.

An experienced Texas wrongful death attorney can review your case to determine if you have a viable claim.

Compensation after a Fatal Oilfield Accident

The total compensation survivors could expect in a wrongful death claim varies by case. The law states that compensation will be awarded in an amount proportionate to the injury that caused the victim’s death.

Furthermore, compensation will be divided into shares among everyone who is entitled to recovery. The exact share of compensation you might receive depends on how many individuals are entitled to recovery and the extent of the victim’s fatal injury.

Wrongful Death Damages Survivors Can Recover

The individuals filing the wrongful death claim can pursue compensation for various damages, including the following:

Lost earning capacity
Mental anguish and grief experienced by the surviving family
Lost inheritance
Funeral and burial expenses
Loss of decedent’s care and companionship

You might also receive exemplary damages if a willful act or omission, or gross negligence caused the death of your loved one. These damages are not awarded in every case and are intended to punish the at-fault party.

How Can a Lawyer Help Your Wrongful Death Case?

An oilfield wrongful death attorney has extensive knowledge of Texas law and knows what it takes to get the compensation your family needs.

Many oilfield accidents occur in rural areas around the Permian Basin, and it could be difficult to find a reputable attorney with experience in these types of cases. Kemmy Law Firm is family owned and operated and has offices located in San Antonio, Midland-Odessa, and Hobbs, New Mexico.

As a family of lawyers, we know how important family is and how sensitive a wrongful death case can be. We’ll be there to help you through every step of the personal injury claim process by:

Conducting a thorough investigation to determine the root cause of the accident
Gathering evidence to strengthen your claim and establish fault
Negotiating with insurance companies and other at-fault parties to obtain a fair settlement
If necessary, arguing your case at trial to ensure you receive full compensation

Have You Lost Someone in an Oilfield Accident? Call Kemmy Law Firm

If you believe someone’s negligence caused the death of your loved one, you should contact an experience oilfield wrongful death lawyer at Kemmy Law Firm immediately. Let our family of lawyers help your family move past this event in your life and fight for the compensation you need to recover.

Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.