Can I Sue if My Spouse Was Injured in an Industrial Accident or Explosion?
If you have lost your spouse to an industrial accident or an explosion, you absolutely have a claim in Texas. Texas recognizes that spouses can bring wrongful death claims for the loss of their loved ones. Additionally, you may also bring, on behalf of your spouse’s estate, a claim for your children and even themselves.
What Kinds of Industrial Accidents Can Result in Lawsuits?
When it comes to industrial accidents and explosions, it is best to hire an attorney as soon as possible.
Industrial accident litigation is extremely complex, and the jobsites involved are often hectic. Hiring an attorney as soon as an injury or death occurs will help ensure that important material evidence is secured.
Not only will industrial accident attorney file a temporary restraining order to preserve evidence, your attorney will also hire industry and Occupational Safety and Health (OSHA) experts to investigate the jobsite for any potential safety violations.
Safety violations often include:
- Poorly maintained equipment
- Failure to provide adequate fall protection
- Failure to meet hazard communication standards
- Failure to provide adequate respiratory protection
- General transportation safety violations
- Failure to meet general machinery and machine guard requirements
- Failure to control hazardous energy
How Can an Expert Witness Help in My Industrial Accident Lawsuit?
Not only are experts essential in finding and retaining evidence at the scene, they can also provide expert analysis of their findings and expert testimony during trial and arbitration.
Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from all across the country. Expert witnesses that could benefit your oilfield lawsuit include:
- OSHA consultants
- Accident reconstructionists
- Welding experts
- Confined space permit experts
- Engineering experts
- Safety equipment experts
- Occupational and environmental health experts
- Hazardous chemical experts
- Process safety management experts
What Damages Can I Recover if My Spouse Was Killed in an Industrial Accident?
If you have lost a loved one in an industrial accident caused by the negligence of another, you may be entitled to financial compensation.
One option is to file a wrongful death lawsuit. In a wrongful death action, the family is not actually suing for harm caused to their loved one – instead, they are suing for the harm that was caused to them as a result of the loss of the deceased person. Among the damages a family can seek in a wrongful death lawsuit are:
- Loss of quality of life
- Loss of love and emotional support
- Loss of financial support
A second option is to file a survivor claim. In a survivor action, the family is asserting that:
- The worker died because of the defendant’s negligence.
- This negligence caused pain and suffering to the worker before the worker died.
- Had the worker survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because the worker died.
- The pain and suffering damages should be paid to the deceased worker’s estate.
Contact an Experienced Industrial Accident Attorney?
If you or a loved one were injured on the job, contact Thomas J. Henry. Workplace accident victims deserve quality, dynamic representation from attorneys with the experience and legal resources to properly develop their case. Oftentimes, workplace injuries are severe and debilitating and put individuals out of work for an extended period of time. Our work accident lawyers will take immediate action on your case and make sure you are comfortable and informed throughout the entire legal process. Contact us today for a free case review.