Asked in Personal Injury for Texas

Q: My husband was killed in an oil rig explosion accident. What kind of compensation might I be entitled in a lawsuit?

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3 Lawyer Answers
Jimmy Doan
PREMIUM
Answered

A: The tragedy of losing a loved one in an oil rig explosion accident is incomprehensible. The stark reality is that complete justice is elusive; however, the parties responsible for an oil rig explosion accident wrongful death can be held accountable. This includes ensuring that a surviving spouse like you obtains appropriate compensation for her losses.

The nature and extent of compensation that may be available to you after the devastating loss of your husband depends on the specific facts and circumstances surrounding the oil rig accident. With that said, there are two broad categories into which you might be able to obtain accountability and compensation as the result of your husband’s truly untimely death.

First, compensation may be available for suffering and losses sustained by your husband directly as the result of the oil rig explosion accident. Compensation available in this category technically would be payable to his estate and surviving heir or heirs, including or specifically you. Injuries for which compensation in this category may be available include:

• Pain and suffering

• Medical bills and expenses

• Mental anguish and emotional distress

Second, you may be entitled to compensation for harm, losses, and damages that you specifically sustained as a consequence of your husband’s oil rig explosion accident wrongful death. These include:

• Lost financial support

• Lost companionship, society, and comfort

• Mental anguish and emotional distress

• Funeral bills and burial expenses

There are certain limited circumstances in which you might be entitled to additional financial compensation in an oil rig explosion accident wrongful death case. If the conduct of the party or parties responsible for the explosion are deemed to have been particularly egregious or reckless in their actions (or inactions), you may be able to obtain what is known as punitive damages. Punitive damages represent additional money paid to you because of this especially egregious or reckless conduct.

Texas law limits who may pursue a claim and a lawsuit for a wrongful death, including one arising out of an oil rig accident. In addition to your being able to seek accountability and compensation, your children and your husband’s own parents are able to pursue a claim as well. You can pursue a lawsuit jointly or individually depending on your preferences.

Keep in mind that there are time limitations for bringing a Texas wrongful death lawsuit. A Texas wrongful death lawsuit must be filed within two years of the oil rig accident as a matter of a law called the statute of limitations. If that time frame is not met, you or other family members are likely to be forever precluded from seeking compensation for your losses.

There is another deadline to keep in mind. If you don’t file a wrongful death lawsuit within three months of the accident, your husband’s estate can do so. The only way that this action can be avoided is if all of the individuals mentioned a moment ago request that no lawsuit be filed.

Because of the stringent time frames associated with Texas wrongful death lawsuits, it is important that you remain as vigilant and proactive as possible in protecting your important legal rights. This includes making certain that you obtain legal advice and assistance as soon as possible.

Tim Akpinar agrees with this answer

Jimmy Doan
PREMIUM
Answered

A: I’m sorry to hear about your loss. There are many laws involved with an oil rig death case. There’s unique sets of laws that are involved with rig cases, so it’s very important that you contact an attorney that has experience in this area. It depends on who your husband was working for, who is at fault, etc. I’m happy to give you a free case evaluation directly if you would like to call my office and ask for me. Please take a look at my law firm website below. We handle specifically these type of cases. Jimmy Doan, Attorney, The Doan Law Firm. (800) 349-0000.

https://www.explosionaccidentattorney.com/

Tim Akpinar agrees with this answer

A: I'm very sorry for the loss of your husband. You could additionally post this under the Admiralty/Maritime category. The answer to your question requires a review of additional details, such as your husband's position, location of the rig, connection with a vessel or fleet of vessels (if applicable), and other factors. There could be a number of possible laws that apply, which is why a detailed review would be helpful for you. Applicable laws could include the Jones Act, Longshore and Harbor Workers' Compensation Act, Outer Contintental Shelf Lands Act, and other possible statutes. Good luck

Jimmy Doan agrees with this answer

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