Wrongful Death – Page 8 – Offshore Injury Lawyer – Maritime Attorneys – Houston Maritime LawyersOffshore Injury Attorneys

Jan 2, 2014

Commercial Divers Need a Jones Act Lawyer in Houston

While the Jones Act was certainly well-intentioned, there’s no way its designers could have anticipated the wide range of maritime workers who would be employed today. A commercial diver is a great example of this, which is why they should secure a Jones Act lawyer in Houston from Kirkendall Dwyer LLP.

Like many things involving the Jones Act, it could cover divers, depending on the kind of accident they are involved in. If not, the right Jones Act lawyer in Houston can still help you find other maritime laws that seek to protect people in your position.

There’s much more ambiguity involved in commercial diving, too. For example, federal guidelines mandate that certain requirements be met by a diver in order to ensure their own safety. While this is all well and good, there are a number of significant variables that are completely out of their control.

Commercial divers can wind up injured because of issues with their own equipment. Sometimes it’s just a malfunction outside their realm of influence. However, they can also be injured by fellow divers or by other maritime workers operating equipment while they’re working nearby.

As with any maritime worker, commercial divers can take certain steps to protect themselves in the event of an accident (despite the aforementioned vagueness of laws like the Jones Act). The most important is to speak with a Jones Act lawyer in Houston immediately if there are any areas you could use clarification about. This could come up again if you take a job that leaves you with questions. It’s also important that you keep the contact information for Kirkendall Dwyer LLP handy, so you can contact them immediately in case of an accident.

Although the legal protection in place for commercial divers is far less straightforward than that for seaman, that doesn’t mean your job is automatically made less safe. Take the time to speak with the attorneys at Kirkendall Dwyer LLP and you’ll be able to dive with peace of mind.

Dec 30, 2013

A Baytown Maritime Lawyer Can Help in the Case of a Wrongful Death

No one likes thinking about death, much less their own or that of their loved ones. Unfortunately, for maritime workers, death is a very real part of their job, one they must consider every time they go to work. If your spouse has died while on the job, contact a Baytown maritime lawyer immediately to ensure you’re getting everything you’re owed.

Wrongful death simply refers to someone’s passing as being preventable. The lawsuit, then, seeks compensation from the party who should have stopped the fatality from occurring. When it comes to maritime work, the employer is generally the target of the lawsuit. They could be found guilty for a number of reasons.

For example, a maritime employer must provide their workers with a drug and alcohol free work environment. If someone dies due to a coworker’s drunkenness, the employer can actually be the focus of a wrongful death suit if a Baytown maritime lawyer contends the alcohol use was because of slipshod policies on the part of the employer.

If a maritime worker dies because the boat they were on sank, the owner of the ship could be targeted with a wrongful death suit. Here your Baytown maritime lawyer might argue that the sinking happened because the vessel did not have the necessary equipment to stop it.

One unique aspect of wrongful death suits is that the accused actually has to prove their innocence. The “innocent until proven guilty” feature of American law is actually reversed here.

Losing someone is never an easy experience, but it can be even more difficult to cope with when it comes out that the person’s death could have been prevented. Hiring Kirkendall Dwyer LLP to file a wrongful death lawsuit won’t bring your loved one back, but it could help you receive the financial compensation you are rightfully owed. Furthermore, it could potentially keep the same situation from happening again.

Dec 30, 2013

Boats are Not the Only Maritime Danger

While boats are the obvious source of maritime risk, they are not the only source. Many people can be unprepared to hear that a helicopter can be a maritime risk. However, they are frequently used to transport workers to and from offshore drilling stations. An incident earlier this year proves that they can be just as deadly to maritime workers ad boats can.

The incident took place in October and left one person dead and three others badly injured. While it is still being investigated as to the cause, it is more than probable that company issues such as malfunctioning equipment or inappropriate training may have cause the crash. If this is the case, the company will need to be held accountable for the injuries sustained by its workers. While this won’t immediately cure them or bring back the man who was lost, it can improve conditions for workers in the future.

When companies are called out on poor safety policies, they frequently change them, either by choice or due to being required by the government. By raising injury claims or by families demanding compensation for lost loved ones, such cases can actually help change legislation or at least bring recognition to an issue that the government and the company may not have even realized was a safety hazard.

Kirkendall Dwyer LLP is on hand with a Texas maritime lawyer ready to handle any injuries suffered on platforms or through other company negligence. If you or a loved one has had to suffer due to unsafe offshore conditions, do so no more. Instead, fight these conditions with both court cases and legislation. Only by using these legal tools can change truly be effected and the injured parties properly compensated for the hardship they have endured.

Dec 28, 2013

Common Types of Offshore Injuries

Offshore work is physically demanding and workers must be in good condition in order to work in this field. Offshore workers are required to work in a number of adverse weather conditions and in many different situations, many of which can be dangerous.

Unfortunately, injuries in this line of work are all too common. Some injuries are serious and others can be life threatening. Some injuries could recur under certain circumstances. If you have been injured, consider speaking to an experienced lawyer, such as a Port Arthur maritime injury attorney.

The most common types of offshore injuries are back injuries, injuries to the head, burns, limb injuries, crush injuries, fractures, and electrical shock. Other injuries can be fatal and of course there is also a high risk of drowning. Keep in mind that you are protected with rights to allow you to seek compensation for medical expenses that have occurred as the result of an offshore injury.

Some injuries may heal rather quickly while others can take a long time. Some injuries may never fully heal. For example, a serious back injury may require surgery and you may not be able to perform the same type of job in the future. When an injury occurs, it is important to speak to a Port Arthur maritime injury attorney as soon as possible after it happens. This will help the attorney better gather the information needed for your case.

Keep in mind that you are entitled to be compensated for medical costs and other expenses that have been incurred due to the injury. If you can’t work for a period of time, a Port Arthur maritime injury attorney can help you receive money that is necessary for you and your family to live. While these types of jobs are dangerous, rest assured that if you do suffer an injury while on the job you’ll be able to seek money until you can return to work.

Dec 27, 2013

Spain Oil Disaster Crew Acquitted

A judge in Madrid has acquitted the crew members as well as a major official, of causing a large oil spill off the coast of Spain in 2002. While the crew was cleared of charges, the captain of the oil tanker was sentenced to 9 months in prison. The captain was found guilty of trying to stop the wreck from being towed before the oil spilled.

The oil tanker was wrecked due to a storm. Afterwards, the tanker lost its oil, creating a massive oil slick. The ship actually broke apart which caused it to unload more than 60,000 tons of fuel into the sea. The spill coated beaches in France, Spain, and Portugal with thick, black oil. The oil also accounted for killing tens of thousands of sea birds. After the incident, hundreds of thousands of volunteers turned out to help with cleaning the beaches.

According to reports, the tanker may have had structural damage before it left to sea. The captain was sentenced because he failed to comply with Spanish officials who ordered him to tow the tanker out to sea to reduce the possible environmental hazards.

Every country has maritime laws in place; many of the maritime laws are universal. In cases such as this, or where any injuries have occurred, the victims should discuss the accident with an experienced Pasadena maritime attorney. A maritime lawyer specializes in handling these types of accidents and has the experience and expertise to successfully resolve serious matters and protect your rights.

Offshore workers have rights. One of the most important of these rights is to seek legal assistance in the event they suffer an injury. Any time an injury occurs it is important to talk to a legal team, such as a Pasadena maritime attorney. The best time to talk to an attorney is as soon as the incident happens. Talk to a Pasadena maritime attorney to learn more about your rights.

Dec 26, 2013

Maritime Lawyer: Suspect Charged in Boating Accident

JoJo John, the accused in the case of a fatal boating accident on the Hudson River this past July, was formally charged in court on Thursday, November 7^th. His boat hit a barge, and two people, a young woman about to be married and her fiancé’s best man, were killed on impact.

Although most drunk driving accidents are associated with cars, the prosecution in the case is emphasizing John’s high blood alcohol content as the chief factor in this case. They maintain that he was unable to properly operate his craft under the influence of that much alcohol and was responsible for the collision that caused two deaths and left three others seriously injured.

The defense claims that the collision was an accident and that it was in part caused by the barge not being well-lit enough to be seen at that late hour.

Although the trial will be ongoing, it is clear that the incident was an utter tragedy. The families of the bride, groom, and best man have all been devastated during what should have been a very happy time for them. The suddenness of the incident and the fact that few people anticipate such a serious accident while boating has only made things harder for them.

Unfortunately, tragedies like these happen all too often, and catch grieving loved ones completely by surprise. If you or someone you love boats frequently or has already been involved in an injurious boating accident, you should seek legal counsel from people specializing in this area. The best solution is to hire a team of maritime lawyers. If you want the best team, call Kirkendall Dwyer LLP. The lawyers there are well-versed in maritime law and want to help you get the closure and recompense you deserve for your maritime mishap.