Can You Pursue a Wrongful Death Claim for an Oil and Gas Accident in Houston?
Because of the nature of the work they do, people in the oil and gas industries are always at risk of getting injured. Unfortunately, because of the types of injuries they sustain, many of these victims don’t survive their oil and gas accident. When you think about the kind of accidents they’re involved in, it’s no surprise that a lot of them pass away. Fires and explosions are a lot more serious than other types of work accidents.
The number of people who work in the oil and gas fields in Texas is astronomical. Not only are there more oil fields in Texas than any other state. But, a great number of the people who live in the Lone Star State tend to work in this industry. With this in mind, an oil and gas accident happening in Texas is not unheard of.
When someone loses their loved one to an oil and gas accident, they have a couple of choices. They can file a claim under workers’ compensation. If the accident was truly a work-related accident, this may be your only option. However, if there was negligence on the part of the oil or gas company, the family of the victim may be able to file suit for wrongful death.
Regardless of which avenue you pursue, you’re going to need to contact an experienced attorney that handles wrongful death in Houston. They can help fight to get you the compensation you need. They can also let you focus on grieving the loss of your loved one.
Was There Negligence Involved in Your Loved One’s Oil and Gas Accident?
If your loved one dies in an oil or gas explosion, you’ll certainly have a claim for damages. However, the question is, what kind of lawsuit do you need to file? If there was negligence involved, you will be able to file a wrongful death lawsuit. This means your Houston injury lawyer will have to demonstrate the following:
- The oil or gas company owed your loved one a duty of care – This will not be difficult to prove. If your spouse or child worked for an oil or gas company, then they’re entitled to a safe workplace. Now, clearly, you can only expect the oil fields to be so safe. It is a dangerous job, no matter what you do. However, the employer certainly owed a duty of care toward their workers both before, during and after any sort of fire or explosion.
- This duty was breached – Proving that they breached this duty can be difficult. There are only so many safeguards an oil company can take to protect their employees. It may come down to proving that they didn’t take the necessary steps after an accident rather than what they did to prevent the accident.
- Your loved one was injured or killed – This will be obvious. Your Houston injury attorney will simply submit copies of your loved one’s death certificate.
- Their death or serious bodily injury was caused by the defendant’s breach – Again, this won’t be hard to prove. The only problem you may run into is the defendant’s claim that your loved one was contributorily negligent. Were they drunk at the time of the accident? Did they cause the accident? These are things you need to discuss with your attorney early on. You don’t want them to be blindsided halfway through the case.
If they can prove all four of these elements, you should be able to recover against the defendant. Your Houston wrongful death lawyer will demand that your family receive the damages you’re entitled to.
Contact a Oil and Gas Wrongful Death Attorney in Houston, Texas
If your loved one is killed in an oil and gas accident, you need to call a law firm that handles wrongful death cases in Texas. It can be hard to even determine what kind of claim your family needs to file. Once your attorney and you figure that out, you need to decide whether a settlement is your best option. These aren’t the kind of decisions you’ll want to make on your own. It’s much better to have an experienced injury lawyer there by your side.
Call today and schedule your initial consultation. It costs you nothing yet it gives you the opportunity to sit down with a skilled wrongful death attorney. They can answer all of your questions. They can also let your family focus on grieving instead of fighting with insurance companies and lawyers. And remember – you pay nothing until your case is settled.