Death has always been a devastating experience for the surviving loved ones, especially when it was avoidable. The marine industry is amongst the most threatening fields to work in. Maritime workers have often had to work on unseaworthy vessels without safety equipment in unsafe conditions. The circumstances have led to fatal injuries and death.
If you have lost a loved one in a marine accident, you may be eligible to make a wrongful death claim if their death was a result of another party’s negligence. Houston has three primary maritime wrongful death laws, namely; the Jones Act, Longshore and Harbor Workers Compensation Act, and the Death on High Seas Act cover, which cover death lawsuits and how to approach them.
Here’s a guide on maritime death lawsuits that Houston Maritime Death Lawyers can help you claim for.
Maritime Death Lawsuits Under The Jones Act
The Jones Act provides legal redress for the dependents of seamen and maritime workers fatally injured when working in U.S waters. According to the acts, the dependants can pursue compensation from a negligent employer. They could include a spouse, children, siblings, or parents that were financially dependent on the disease.
A wrongful earth claim under this act only applies to a deceased who had spent considerable time working on the vessel. Only their employer is found legally liable. To make a claim, Houston maritime death lawyers need to prove that there was negligence that caused or contributed to your loved one’s death.
To claim wrongful death under the Jones Act, you must file within three years from the date of death. Houston maritime death lawyers will claim compensation for:
- Loss of services
- Lost wages
- Medical expenses of the deceased
- Funeral and Burial expenses
- Loss of care and guidance
- The deceased’s pain and suffering
Wrongful Death Lawsuits Under Death On High Seas Act
The Death on High Seas Act (DOSHA) offers legal redress to seamen and maritime workers injured or lost their lives in a radius of at least three miles (nautical) from the shore. The ACT was passed to provide a legal remedy by filling the void previously created by the federal remedy when the death occurred on the high seas.
The Act allows dependants to claim for loved ones that died beyond U.S. waters. It, however, doesn’t apply to the workers that died on a private vessel. Like the Jones Act, you’ll need Houston Maritime Death Lawyers to prove the party’s negligence and fault. Your claim should also be filed within three years from the date of death.
Even though your loved one may have contributed to their death, qualified Houston Maritime lawyers can still navigate the lawsuit to ensure you get a percentage of the compensation.
Maritime Death Claim Under The Longshore And Harbor Workers Compensation Act (LHWCA)
LHWA provides legal redress for injured harbor workers, longshoremen, dock workers, and any other worker that is not a seaman. Like the Jones Act, the deceased must have completed significant work on the vessel while on navigable waters. However, the worker in this act is not expected to have contributed to the functioning and working of the vessel.
To claim under this Act, you must act swiftly and speak to Houston Maritime lawyers since you must claim within a year from the date of death. The compensation under this act can include pension benefits, medical expenses, and burial expenses of up to $3,000. Dependants can also be awarded regular payments that equal their loved one’s former average weekly wage.
Consult With Houston Maritime Death Lawyers
Maritime law can be challenging to navigate without a legal background. Consult an attorney in Houston to guide you through your wrongful death lawsuits. They are conversant with the claim legal procedures, the best approaches to the claim, what to claim for, and how to handle possible defenses from the party at fault. Seek justice for Maritime wrongful death.
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