Last week the son of a Louisiana man killed during a 2011 Beaumont oil rig accident, settled out of court with his father’s former employers. The case was just about to go to trial when the settlement for an undisclosed amount of money was announced.
Justin Burnett initially filed his wrongful death lawsuit in January 2013 against T.K. Stanley, Nabors Drilling USA and Legend Oil Field Services. The case was filed in Jefferson County’s 136th Court.
According to court documents, 40-year-old Scottie Wayne Burnett was working as a “rigger” at a Jefferson County drilling site in 2011, when he was crushed by sections of a collapsed oil rig.
Burnett’s employer, T.K. Stanley, is headquartered in Hereford, Texas. Stanley and Legend Oil Field Services, also a Texas company, were subcontractors hired by Nabors Drilling to work on a Jefferson County project.
Elements Of Wrongful Death Lawsuit
The death of a loved one is an extremely sad and tragic time for family members, particularly when the loved one dies in an accident. In many instances, these “wrongful deaths” can be linked to the negilgence of another person or company. According to Louisiana law, a wrongful death occurs when a person dies as a direct result of another person’s negligence or malice.
Liability for a wrongful death can fall on individuals, physicians, corporations, and government entities. If it is determined that your family member dies from another person’s actions, it may be possible to recover monetary damages for things like funeral expenses, medical expenses, lost wages of the deceased, property damage and loss of consortium or companionship.
Wrongful death claims can include all types of fatal accidents including; work injuries, drunk driving accidents, backyard pool drownings, elevator accidents and other types of accidents.
Who Can Recover?
According to Louisiana Law, if a person dies due to the fault of another, a lawsuit may can be brought by the following persons to recover damages sustained as a result of the death:
- Surviving spouse, child or children
- Surviving mother and father, if there are no surviving children or a spouse
- Surviving brothers and sisters, if there are no surviving children, parents or a spouse
- Surviving grandfathers or grandmothers, if there are no children, siblings, spouse or parents
If any of these individuals has been convicted of a crime involving the intentional killing or attempted killing of the deceased, or were officially determined to have participated in such actions, they will not be allowed to recover any damages or proceeds for wrongful death.
How Much Time Do You Have To File A Wrongful Death Claim?
Louisiana’s statute of limitations gives you one year to file a wrongful death claim after the wrongful death of a loved one. This time limit usually starts from the date of your loved one’s death. If you fail to file your lawsuit within this one-year time period your case will likely be dismissed for failing to meet the statute of limitations. Consequently, it is important that you speak with an attorney that specializes in these types of cases as soon as possible. Failure to take timely action can result in possible loss of the right to recover monetary damages.
Let J. Price McNamara Help You Get Justice
If you or a loved one has recently suffered from an injury or death, you may be entitled to compensation for your loss. An aggressive personal injury attorney with extensive knowledge of Louisiana law is essential to getting you what you deserve for your injuries. J. Price McNamara has been practicing law in Louisiana for many years and has an outstanding reputation amoung his peers and in the community. Don’t take a chance on a discount attorney! Call us today to schedule your free case review and get an experienced attorney on your side. The legal team at J. Price McNamara ERISA Insurance Claim Attorney is waiting to help you with your case.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded J. Price McNamara ERISA Insurance Claim Attorney, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts