If you’ve lost a loved one to oil field work in Texas, North Dakota, or New Mexico, it could be your employer’s lapse in safety standards that caused the accident.
Oil field work, while lucrative, is fast-paced and quota-driven. In some cases, this causes oil field companies to cut corners in terms of safety standards, machinery maintenance, and employee training.
This has resulted in oil field work being the most dangerous job in the country. It results in more serious workplace injuries and deaths than any other type of job including industrial construction.
Fadduol, Cluff, Hardy & Conaway, P.C. represent the families of those who died doing oil field work. You may be able to recover damages for your loss that include elements like grief, the value of your loved one’s potential earnings, and more. Give us a call or contact us online for more information.
Here’s what to do after an oil field death and what you need to know about wrongful death lawsuits in Texas, North Dakota, and New Mexico.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a kind of personal injury lawsuit that is brought on behalf of a deceased victim by a family member or their estate, sometimes both.
Family members are entitled to collect damages, sometimes into the multi-millions of dollars for the loss of their loved ones.
There are a number of damages one can claim in a wrongful death lawsuit. This includes wages that a loved one would no longer be able to receive as they impact an entire family. It also includes the deceased’s pain and suffering and medical expenses. Additionally, family members can recover damages for their heartache and grief.
However, each state has different rules on who can bring a wrongful death lawsuit or how a wrongful death lawsuit must be brought. We will cover more on this below.
Texas Laws Regarding Wrongful Death Lawsuits
Texas wrongful death laws can be found in the Civil Practice and Remedies Code § 71.002.
Claims may be filed by children, spouses, and parents of the victims. They can be litigated separately or together.
Loved ones have a two-year statute of limitations within which to file a wrongful death suit.
North Dakota Laws Regarding Wrongful Death Lawsuits
North Dakota wrongful death laws can be found in the North Dakota Century Code § 32-21-01.
Lawsuits may be brought by children, spouses, parents, grandparents, and the personal representative of the victim’s estate.
A wrongful death lawsuit must be brought within two years of the victim’s death.
In North Dakota, you have two years to file a wrongful death suit.
New Mexico Laws Regarding Wrongful Death Lawsuits
Statutes governing wrongful death lawsuits in New Mexico are governed by New Mexico Statutes § 41-2-1 through § 41-2-4.
In New Mexico, a wrongful death lawsuit must be initiated by a personal representative of the victim’s estate. The laws, however, for apportioning the money are predefined.
A spouse will get 50% of the settlement leaving the other 50% to children and grandchildren. If there is no surviving spouse, the children and grandchildren would divide everything. In cases where the deceased is a child, the settlement is divided between the parents. If there are no children, parents, or spouse, brothers and sisters can divide the settlement.
In New Mexico, you have three years to file a wrongful death suit.
Talk to an Attorney after a Death in an Oil Field
If you have lost a loved one due to the negligence of another party, Fadduol, Cluff, Hardy & Conaway, P.C. can help you recover damages for your loss. Give us a call or talk to us online.