Considering legal action after losing a loved one is often overwhelming. While employers and insurance adjusters may sound sympathetic to your loss, they understand that the sooner fatal accidents are dealt with, the less likely it is for fair financial compensation to be demanded of them. But in reality, the losses your family has suffered will continue past the weeks and months following a fatal accident, and your loved one and their contributions to your family can never be replaced.
Understanding a Survival Action vs Wrongful Death Claim Following an Oilfield Death
Oilfield accidents usually result in severe injuries when they happen, and those severe injuries sadly often prove fatal. When this happens, it is important to know what legal options are available.
Texas Survival Action
A survival action filed on behalf of a deceased loved one can be brought against an employer by the estate, heirs, or legal representative, allowing a personal injury lawsuit to survive the death of a loved one and be carried out the same way an injured person would file a personal injury lawsuit had they survived. Compensation may cover these damages:
- Loss of income
- Medical bills
- Property damage
- Burial expenses
While similar to and often confused with a wrongful death claim, a survival claim is for the benefit of the deceased’s estate.
Wrongful Death Claim
A surviving spouse, the children, or the deceased’s parents, if no other surviving beneficiaries exist, can file wrongful death actions. Such a lawsuit provides compensation for losing a loved one instead of for the injuries they sustained. These claims must be filed within two years of the incident.
Financial compensation includes:
- Past and future loss of income
- Past and future household assistance and services
- Loss of companionship, consortium, and society
- Loss of inheritance
- Emotional distress and mental anguish suffered by the family
Punitive Damages
When the death of a loved one in an oilfield accident was caused by gross negligence or a willful act or omission, punitive damages may also be sought in the claim. These damages serve as punishment for an employer for their conduct and to prevent the actions from occurring again while making an example of their behaviors.
Why Waiting to Take Action Can Hurt Your Claim
Proof is imperative for a successful lawsuit. The more time that passes, the less likely evidence supporting the case is preserved, making it challenging to ensure the financial compensation a family deserves after the death of a loved one. Additionally, multiple parties may be responsible, and identifying each party in a claim can take a significant investment in time. Sadly, deaths in the Texas oilfield industry continue to happen more frequently than in other states and in other industries. Safety should be a priority in any industry, but competition and demand often compromise the safety of oilfield workers. Liggett Law Group understands your life is changed forever after a loved one’s death, bringing into question future financial stability.
While the statute of limitations for a personal injury or wrongful death case in Texas is two years, it is crucial that the surviving loved ones of someone tragically killed in an oilfield accident reach out to an experienced lawyer as soon as possible after the incident. While the legal issues surrounding your loss are likely the very last thing on your mind, evidence can become lost or disappear and witnesses can forget what they saw or heard. The sooner you reach out to Liggett Law Group, the safer any potential claims you have will be.
If your spouse or family member died in an oilfield accident, you deserve compensation for your suffering. Determining responsibility and knowing your options can be overwhelming as you cope with such a severe and tragic unexpected loss. Finding a legal team willing to fight for your family allows you to grieve and focus on the next steps. Liggett Law Group is on the side of those suffering these unfathomable tragedies, providing the guidance and support needed to navigate challenging times and fight for your rights after losing a loved one to an oilfield death.
Grieving families should never have to contend with a company refusing to take responsibility for a death or offering to settle for far less than a fair compensation amount. Let Liggett Law Group demand the compensation you both need and deserve after losing a loved one to an oilfield accident. Your loved one is irreplaceable, but we aggressively pursue the compensation you deserve to assist you through the challenges you face moving forward.