Maritime piracy has been a important matter challenging the global community and overseas sectors for hundreds of years. The pirates are no longer looking for treasure or gold, though. Piracy in this decade target ships transporting goods or oil, and also crew members have been taken hostage.
Worldwide efforts to stem the tide of piracy drawn out restored assault tactics instead of a minimizing of these scary attacks. If you have been the victim of a maritime piracy attack, a maritime lawyer in Houston TX may very well help you determine whether you hold a legal claim.
Maritime Piracy Defined
Modern pirate attacks aren't what's in the movies or on TV. Of late, these criminals use more sophisticated weapons and traditionally attack from smaller motorboats. Since 2007, hundreds of ships have been attacked and passengers taken as hostages.
In 1982, the United Nations Convention on the Law of the Sea recognized maritime piracy as a criminal violent act, detention or devastation for individual gain by personnel of a private aircraft or ship against another ship or aircraft or its contents on water.
These modern incidents are recognized in coastal Somalia and Nigeria and between India and Sri Lanka, a vicinity once known as The Pirate Coast. Maritime lawyers have the ability to assist victims of maritime piracy against a U.S.-flagged vessel or a vessel associated with an American company, who might possibly be entitled to compensation under legislation such as the Jones Act.
Global Effects Of Maritime Piracy
With the escalating incidents of pirate incidents on international commercial ships, expenses for companies that do international business are escalating. Insurance rates and freight costs are mounting, as well as the escalated price of rerouting ships and dispersing ransom for hostage crew members.
Modern-day techniques for fighting pirate activity are commonly defensive in approach, including on-board deterrents such as security alert systems, fire hoses, electric screens, deck patrols and private marine security guards. Over 12 countries have likewise escalated naval deployments and partnered with anti-piracy efforts in highly trafficked regions for small maritime gangs.
The effects of these increased efforts have been considered to be short-term solutions, as opposed to focusing on the issue of political and economic unrest in the the gangs' countries.
Filing A Maritime Piracy Claim
U.S. residents employed by United states businesses which have been victims of maritime piracy activity possess options for settlement depending on the circumstances of the incident. Issues of deficiency of protection or other proof of negligence may make the employee eligible for settlement in accordance to U.S. maritime laws.
Settlement may very well be accomplishable for cure and maintenance payments, as well as other settlements. An expert maritime attorney can potentially help decide whether a survivor of piracy is a candidate to file claim under U.S or other legislation and to what amount the settlement is likely to be possible.
The maritime law lawyers of Richard J. Plezia & Associates have achievement in dealing with maritime injury cases. Visit www.rickplezia.com/maritime-offshore-injury/general-maritime-law-attorney for more information and to get the assistance you must have in filing a claim.
Tuesday, November 29, 2011
Monday, November 28, 2011
Would A Seaman's Relatives Be Able To File A Wrongful Death Lawsuit?
Family members of seamen killed in the line of work may have legal protection under United States maritime legislation. The circumstances will decide which laws you are eligible to file suit under.
If your loved one was killed at sea while working, an experienced Houston maritime attorney can assist you to verify your legal rights and assist you in deciding whether to file suit.
Defining The Death On The High Seas Act
The Death on the High Seas Act, often called DOHSA, is a maritime law providing for the reparation of families of seamen killed in global waters because of carelessness on the part of a crewmember or the vessel he was on. If the accident happened more than 3 miles from the shoreline of the United States or its territories, family members may be entitled to file grievances under these laws.
Settlement can only be made to the laborer's spouse, offspring or dependent relatives and is limited to monetary and pecuniary reparation. Families may also be qualified to receive emotional damages under some circumstances.
Wives and husbands could also have the ability to claim loss of household services, which means the loss of assistance provided by the seaman in raising kids and household tasks. DOHSA doesn't take into account for loss of support, consortium and companionship damages and preempts state or other maritime regulations that do.
Jones Act Claims
As the name suggests, the DOHSA is specifically for death incidences of a seaman. If your family member was injured while working as a seaman, he should seek a case under the Jones act law, which covers particular sorts of maritime laborers who have been hurt in the course of work by reason of negligence. There are cases, however, where surviving immediate family members will be able to file a Jones Act wrongful death claim.
In the event that your loved one was killed in United States seas inside a marine league of the coastline or whilst in port, the surviving family may be permitted to file suit under this law and not the DOHSA. In this case, the family may be eligible to claim further damages. If neglect or proof of unseaworthiness against the vessel owner can be determined, reparation for loss of consortium and punitive damages might be possible.
Other Wrongful Death Laws That Can Apply
The Jones Act sets forth remedy for the families of seamen who lost their lives because of the employer's neglect. If the incident was the outcome of disregard in whole or in part by an individual besides the employer, the seaman's family members might be able to file suit under general maritime law or state wrongful death statutes.
When the death takes place in federal waters, the wrongful death regulations of the abutting state could be applied. But, with the many conditions that go into deciding not only whether a claim is feasible but also what statute it ought to be submitted under, talking with a maritime attorney is the advisable plan for the families of seamen killed in the course of duty.
In the event that your loved one lost his life in his line of work as a seaman, speak to the experienced Jones Act lawyers in Houston at Richard J. Plezia & Associates today to discover if you have a claim.
If your loved one was killed at sea while working, an experienced Houston maritime attorney can assist you to verify your legal rights and assist you in deciding whether to file suit.
Defining The Death On The High Seas Act
The Death on the High Seas Act, often called DOHSA, is a maritime law providing for the reparation of families of seamen killed in global waters because of carelessness on the part of a crewmember or the vessel he was on. If the accident happened more than 3 miles from the shoreline of the United States or its territories, family members may be entitled to file grievances under these laws.
Settlement can only be made to the laborer's spouse, offspring or dependent relatives and is limited to monetary and pecuniary reparation. Families may also be qualified to receive emotional damages under some circumstances.
Wives and husbands could also have the ability to claim loss of household services, which means the loss of assistance provided by the seaman in raising kids and household tasks. DOHSA doesn't take into account for loss of support, consortium and companionship damages and preempts state or other maritime regulations that do.
Jones Act Claims
As the name suggests, the DOHSA is specifically for death incidences of a seaman. If your family member was injured while working as a seaman, he should seek a case under the Jones act law, which covers particular sorts of maritime laborers who have been hurt in the course of work by reason of negligence. There are cases, however, where surviving immediate family members will be able to file a Jones Act wrongful death claim.
In the event that your loved one was killed in United States seas inside a marine league of the coastline or whilst in port, the surviving family may be permitted to file suit under this law and not the DOHSA. In this case, the family may be eligible to claim further damages. If neglect or proof of unseaworthiness against the vessel owner can be determined, reparation for loss of consortium and punitive damages might be possible.
Other Wrongful Death Laws That Can Apply
The Jones Act sets forth remedy for the families of seamen who lost their lives because of the employer's neglect. If the incident was the outcome of disregard in whole or in part by an individual besides the employer, the seaman's family members might be able to file suit under general maritime law or state wrongful death statutes.
When the death takes place in federal waters, the wrongful death regulations of the abutting state could be applied. But, with the many conditions that go into deciding not only whether a claim is feasible but also what statute it ought to be submitted under, talking with a maritime attorney is the advisable plan for the families of seamen killed in the course of duty.
In the event that your loved one lost his life in his line of work as a seaman, speak to the experienced Jones Act lawyers in Houston at Richard J. Plezia & Associates today to discover if you have a claim.
Friday, October 28, 2011
Am I Able To Submit A Claim Under Maritime Legislation?
Whether you are employed as a seaman, dockworker or offshore laborer, if you’ve been wounded throughout the course of your marine industry job then you likely have liberties under maritime law. conditional to your occupation, your injury complaint is prone to different prerequisites and compensation regulations.
Capable maritime lawyers Houston are able to aid you in determining which laws are pertinent to your circumstances and get you the largest settlement conceivable.
Which People Qualify As Maritime Workers?
Not everyone who is a naval laborer is constantly employed on a vessel. Maritime legislation sets apart mariners and non-seamen. In the event that you labor as a seaman, you are probably able to register a complaint under the Jones Act if you’ve been wounded on the job.
Seamen are crewmen of a ship that is in navigation and not eternally docked or fastened to land-based utilities. They have to also add to the vessel’s business or piloting.
Naval employees not in that division also possess entitlements. Examples of non-mariner vocations that may be qualified to submit wounded worker complaints include:
In the event that you work in one of these professions and were hurt at work, you could be eligible for reparation by way of the Longshore and Harber Workers Compensation Act. A skilled maritime lawyer will have the ability to conclude whether or not your grievance falls under this law.
Grievances Under The Jones Act
A wounded seaman is qualified for reparation from their maritime employer under the Jones Act ifin the event that the manager or a co-worker’s laxness resulted in the injuries.
Some samples of feasible claims include:
These are simply a few of the credible positions for Jones Act cases. If you’ve been involved in a maritime piracy episode, you may also have a complaint under this legislation. A maritime law lawyer in Houston can best advise you on what regulations you have liberties under.
Claims by way of this law has to generally be brought inside of three years of the grievance and have the ability to allow settlement for damages that are considerably greater payouts than those under the Worker’s Compensation Act.
Other complaints that could be filed under this maritime regulation are Maintenance and Cure. Maintenance is a daily subsistence rate a Jones Act employer has to pay to hurt workers without considering fault or carelessness. Cure is the payment of reasonable medical charges throughout your time of mending. These grievances can be filed in addition to or separate from negligence claims.
Grievances You Can File Under The Longshore and Harbor Worker’s Compensation Act
For workers considered non-seamen, it is still feasible to qualify for a maritime law claim. Hurt laborers who are eligible to file complaints under the Longshore and Harbor Worker’s Compensation do not need to prove employer laxness to qualify for benefits.
LHWCA can arrange the following benefits for entitled workers who are injured or become ill because of their job: medical expenses, disability disbursements and wrongful death benefits for relations of laborers killed during employment.
If you’re a maritime laborer who has been injured at work, contact the qualified maritime attorneys at Richard J. Plezia & Associates today for a free consultation.
Capable maritime lawyers Houston are able to aid you in determining which laws are pertinent to your circumstances and get you the largest settlement conceivable.
Which People Qualify As Maritime Workers?
Not everyone who is a naval laborer is constantly employed on a vessel. Maritime legislation sets apart mariners and non-seamen. In the event that you labor as a seaman, you are probably able to register a complaint under the Jones Act if you’ve been wounded on the job.
Seamen are crewmen of a ship that is in navigation and not eternally docked or fastened to land-based utilities. They have to also add to the vessel’s business or piloting.
Naval employees not in that division also possess entitlements. Examples of non-mariner vocations that may be qualified to submit wounded worker complaints include:
- Bringing goods off of or onto ships
- Fixing/assembling vessels
- Pier, wharf, dry dock or terminal laborer
In the event that you work in one of these professions and were hurt at work, you could be eligible for reparation by way of the Longshore and Harber Workers Compensation Act. A skilled maritime lawyer will have the ability to conclude whether or not your grievance falls under this law.
Grievances Under The Jones Act
A wounded seaman is qualified for reparation from their maritime employer under the Jones Act ifin the event that the manager or a co-worker’s laxness resulted in the injuries.
Some samples of feasible claims include:
- Unsuccessfully allowing a safe labor atmosphere
- Infraction of safety statutes
- Falling short of arranging sufficient medical care
- Negligence of other employees for which employee is responsible
- Vessel not reasonably fit for desired implementation
These are simply a few of the credible positions for Jones Act cases. If you’ve been involved in a maritime piracy episode, you may also have a complaint under this legislation. A maritime law lawyer in Houston can best advise you on what regulations you have liberties under.
Claims by way of this law has to generally be brought inside of three years of the grievance and have the ability to allow settlement for damages that are considerably greater payouts than those under the Worker’s Compensation Act.
Other complaints that could be filed under this maritime regulation are Maintenance and Cure. Maintenance is a daily subsistence rate a Jones Act employer has to pay to hurt workers without considering fault or carelessness. Cure is the payment of reasonable medical charges throughout your time of mending. These grievances can be filed in addition to or separate from negligence claims.
Grievances You Can File Under The Longshore and Harbor Worker’s Compensation Act
For workers considered non-seamen, it is still feasible to qualify for a maritime law claim. Hurt laborers who are eligible to file complaints under the Longshore and Harbor Worker’s Compensation do not need to prove employer laxness to qualify for benefits.
LHWCA can arrange the following benefits for entitled workers who are injured or become ill because of their job: medical expenses, disability disbursements and wrongful death benefits for relations of laborers killed during employment.
If you’re a maritime laborer who has been injured at work, contact the qualified maritime attorneys at Richard J. Plezia & Associates today for a free consultation.
Monday, October 17, 2011
What Is The Jones Act And Who Can Argue For Injuries By Way Of It
Preceding the Merchant Marine Act of 1920, seamen were in danger of ill treatment, involving exploitation and heinous working conditions. They were entitled to no enforcible security against the people who hire them, and injuries, illness or fatality at sea were just recognized as occupational dangers.
Part of that 1920 legislation, the Jones Act, changed that situation, permitting seamen specific lawful insurances from manager laxness that is conducive to ailments.
In the event that you’re a seaman who was injured on a vessel, a Houston maritime law attorney is able help you understand your entitlements and aid you in receiving the reparation you are entitled to.
What Is The Jones Act?
The Jones Act acknowledges the liberties of the previously-ignored seamen and establishes insurances in favor of them and support impeding ill treatment and careless conditions that contribute to injury.
The law provides for reparations for impairedseamen, though it is remarkably different than other maritime regulations and workers compensation regulations.
Unlike alternative regulations, to file Jones Act claims, an injured seaman has to provide proof of employer carelessness in order to be entitled to aid. However, even slight negligence can measure up to meet this condition.
It also proposes considerable payouts that largely surpass the variety available to settlements under the Worker’s Compensation Act. This means it is considerably crucial that seamen seek advice of a competent maritime attorney who is able to help them get the full amount they are eligible for under the correct legislation.
Which People Qualify As Seamen?
Not everyone who works on a vessel is going to be entitled to file a settlement. To be entitled under this maritime law, the person is required to be a seaman. In order for a person to be called a seaman under the Jones Act law, that individual is required to meet three essential criteria.
Required to be committed to a ship: A employee must be committed to a vessel or fleet of boats owned by the same person or company. Freelancers who are employed by many people might not have the ability to show the necessary connection with an individual vessel.
Vessel is required to be in navigation: Not every single tugboat, barge, rig or casino boat measures up under the Jones Act. The boat does not have to be on the ocean to qualify. boats on rivers or non-coastal waterways are also able to meet requirements, and workers on them are able to be called seamen by way of this regulation.
Have to have sizable relationship with boat: This condition means the seaman has to pass a considerable quantity of time on the boat (but not the entire time) and add to its support or function. In the event that you pass about one-third of your time employed on a ship, you may qualify.
It’s important to also know that to be defined as a seaman by way of the Jones Act, a laborer does not inevitably have to be explicitly incorporated in the control and running of the ship. Other occupations also meet requirements, and chefs, servers, card dealers, cooks, entertainers and many others have met requirements.
Part of that 1920 legislation, the Jones Act, changed that situation, permitting seamen specific lawful insurances from manager laxness that is conducive to ailments.
In the event that you’re a seaman who was injured on a vessel, a Houston maritime law attorney is able help you understand your entitlements and aid you in receiving the reparation you are entitled to.
What Is The Jones Act?
The Jones Act acknowledges the liberties of the previously-ignored seamen and establishes insurances in favor of them and support impeding ill treatment and careless conditions that contribute to injury.
The law provides for reparations for impairedseamen, though it is remarkably different than other maritime regulations and workers compensation regulations.
Unlike alternative regulations, to file Jones Act claims, an injured seaman has to provide proof of employer carelessness in order to be entitled to aid. However, even slight negligence can measure up to meet this condition.
It also proposes considerable payouts that largely surpass the variety available to settlements under the Worker’s Compensation Act. This means it is considerably crucial that seamen seek advice of a competent maritime attorney who is able to help them get the full amount they are eligible for under the correct legislation.
Which People Qualify As Seamen?
Not everyone who works on a vessel is going to be entitled to file a settlement. To be entitled under this maritime law, the person is required to be a seaman. In order for a person to be called a seaman under the Jones Act law, that individual is required to meet three essential criteria.
Required to be committed to a ship: A employee must be committed to a vessel or fleet of boats owned by the same person or company. Freelancers who are employed by many people might not have the ability to show the necessary connection with an individual vessel.
Vessel is required to be in navigation: Not every single tugboat, barge, rig or casino boat measures up under the Jones Act. The boat does not have to be on the ocean to qualify. boats on rivers or non-coastal waterways are also able to meet requirements, and workers on them are able to be called seamen by way of this regulation.
Have to have sizable relationship with boat: This condition means the seaman has to pass a considerable quantity of time on the boat (but not the entire time) and add to its support or function. In the event that you pass about one-third of your time employed on a ship, you may qualify.
It’s important to also know that to be defined as a seaman by way of the Jones Act, a laborer does not inevitably have to be explicitly incorporated in the control and running of the ship. Other occupations also meet requirements, and chefs, servers, card dealers, cooks, entertainers and many others have met requirements.
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