Pemex Chemical Release Injury Lawyer

Understanding Your Legal Rights in Texas After a Chemical Release Accident

If you or one of your family members was injured due to the Pemex chemical release, first off, we are sorry that this is happening to you. It’s terrible and we sympathize with you. Helping people after tragic accidents like this is what we do at the Doan Law Firm. We will do everything we can to get the justice you deserve. It is important to understand your legal rights, especially under Texas law. Texas has a unique set of regulations and protections for individuals affected by industrial accidents, including workers and nearby residents. These laws allow for legal action when negligence, improper safety measures, or violations of industry standards lead to injury or harm.

Workers’ Rights Under Texas Law

Workers at industrial sites like the Pemex refinery are often exposed to hazardous chemicals like hydrogen sulfide. Texas law provides several pathways for injured workers to seek compensation:

1. Workers’ Compensation: In Texas, employers are not required to subscribe to the state’s workers’ compensation system. If Pemex or its contractors subscribe to this system, injured employees may be entitled to benefits for medical expenses, lost wages, and disability through workers’ compensation. However, workers’ compensation limits the ability to sue the employer directly, which may not fully cover the damages suffered by the worker.
2. Non-Subscriber Employers: If the employer is a non-subscriber to workers’ compensation (which is common in Texas), injured workers have the right to sue the employer directly. In such cases, a personal injury lawsuit can recover additional damages, including compensation for pain and suffering, loss of future earnings, and other non-economic damages.
3. Third-Party Liability: In cases where a third party (such as a contractor, equipment manufacturer, or other involved entity) is responsible for the chemical release, workers may also file a lawsuit against that party. This could include negligent contractors or equipment suppliers whose actions contributed to the leak or failed safety measures.

Residents’ Rights Under Texas Law

Residents of Deer Park and nearby Pasadena who were affected by the chemical release also have legal rights to protect their health and well-being. While shelter-in-place orders were issued to limit immediate exposure, residents may still have been subjected to hazardous chemicals, which could lead to long-term health complications. Texas law offers several avenues for those affected by toxic chemical exposure:

• Negligence Claims: If it can be proven that Pemex or its contractors failed to follow appropriate safety protocols or neglected their duty to maintain safe working conditions, affected residents may file negligence claims. This includes both direct exposure to hydrogen sulfide and other related harms caused by the company’s failure to protect surrounding communities.
• Toxic Tort Claims: Toxic tort lawsuits are a specific type of legal action that addresses injuries caused by exposure to dangerous substances like hydrogen sulfide. In Texas, individuals who have suffered physical harm, such as respiratory issues, neurological damage, or other medical conditions due to chemical exposure, can pursue a toxic tort claim. These claims can recover compensation for medical treatment, long-term care, and emotional suffering.
• Class Action Lawsuits: In situations like this, where multiple individuals have been affected by the same harmful event, it’s possible to form a class action lawsuit. This allows groups of similarly impacted people to pool their resources and file a collective claim against the responsible party, increasing the chances of holding large corporations accountable for widespread harm.

Pemex Chemical Release Accident Wrongful Death Claims

For families who lost loved ones in this tragic event, first and foremost, we are very sorry for your loss. There is never any amount of compensation that can truly make up for losing a family member. We know from extensive experience handling wrongful death claims. But we do want to seek justice and hold the guilty party (PEMEX) responsible for their actions and Texas law allows for wrongful death claims. A wrongful death lawsuit can be filed if it is shown that the negligence or wrongdoing of Pemex or other involved parties caused the fatal injuries. Damages in a wrongful death case can include compensation for loss of income, loss of companionship, funeral expenses, and emotional trauma suffered by surviving family members.

Statute of Limitations for Chemical Release Accident Cases in Texas

In Texas, there is a limited timeframe in which you can file a personal injury or wrongful death claim. The statute of limitations for personal injury claims is generally two years from the date of the injury. If you fail to take legal action within this period, you may forfeit your right to compensation. Given the complexity of chemical exposure cases, it’s crucial to seek legal advice as soon as possible to ensure that evidence is preserved and your case is filed within the legal time limits. However, you don’t want to wait long in this situation as we need to gather and preserve all evidence in this case.

Proving the PEMEX Negligence in Texas

To win a personal injury or wrongful death claim, the injured party (and us, your attorneys) must prove that Pemex or another party acted negligently, which we believe they have. This means we will need to prove to the court:

• Duty of care: Pemex had a legal responsibility to ensure the safety of its workers and the surrounding community.
• Breach of duty: Pemex failed to meet that responsibility, such as by not following safety protocols, not maintaining equipment, or ignoring hazardous conditions.
• Causation: The breach directly caused the injuries or harm suffered by the worker or resident.
• Damages: The injured party suffered actual damages, such as medical expenses, lost income, or emotional trauma, as a result of the chemical release.

Each of these elements must be established for a successful legal claim. At our firm, we have extensive experience handling complex industrial accident and toxic tort cases. We will work tirelessly to investigate the causes of the Pemex leak, identify responsible parties, and secure the compensation you deserve.

Get the Legal Help You Need from a PEMEX Accident Injury Lawyer

Texas law is designed to protect the rights of individuals harmed by corporate negligence. Together with the help of attorney Jimmy Doan, we will fight to not only win your case, but the maximize the settlement money you receive. Our experienced team of attorneys is ready to stand by your side. If you’ve been affected by the Pemex chemical release, we can help you pursue justice and obtain compensation for your injuries or losses.

Contact us today for a free consultation and to find out all your legal rights and options.