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.
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 (830) 264-6297 to schedule your free consultation.
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$13.5 MILLIONJury VerdictPatient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLIONJury VerdictMarine veteran suffers catastrophic harm after a dangerous fall
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$6 MILLION Children who were abused by an employee of a company that was entrusted with the care of children
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.
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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.
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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.
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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.
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"They made a significant recovery for me."
My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.
- Anna O. -
"Very easy to talk to, sincerely cared about my situation."I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O.
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"Nick Kemmy helped to make a bad situation better."
Nick Kemmy helped to make a bad situation better. From beginning to end Nick did what he said would do when he said he would, and answered all my questions. I am extremely satisfied with the results of my case and would highly recommend the Kemmy law firm to friends and family
- Hal J. -
"Not only were they my lawyers they became like family."I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L.
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
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 us at (830) 264-6297 today to schedule a free consultation.
