You have been working in the maritime industry. You were injured in an accident on board a vessel at sea. It was not your fault and was due to someone else’s negligence. Are you entitled to compensation? That is a serious question, and something that only a Houston maritime lawyer can answer with any clarity or certainty.
A Houston maritime lawyer is someone who will understand the many different factors that will determine the outcome of a lawsuit that you file when seeking compensation. For example, though there are laws that guarantee the maritime worker (or their family if the accident results in death) the right to pursue compensation, they must also prove that negligence is what brought the incident about.
This is not as simple as it might sound, and is one of the primary reasons for consulting with a Houston maritime lawyer as soon as possible following the incident in question. Kirkendall Dwyer LLP is a law office capable of handling your maritime and offshore injury concerns. They can consult with you and help you to determine if you are entitled to monetary compensation due to an incident.
If you look at maritime accident reports from all parts of the country, and the world, you see that everything from drunken pilots to carelessness in the kitchen (galley) have led to crew members suffering mental and physical injuries. These are things that were not the fault of those injured, and yet they must still prove negligence if they want comprehensive compensation.
The good news is that when this sort of negligence is proven, it can lead to a long list of possible reparations. These can include everything from medical and psychological treatments to lost wages and benefits packages. The first step, however, is to speak with a knowledgeable professional.
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.