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.