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.
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