Will A Seaman's Relatives Be Capable Of Submit A Wrongful Death Lawsuit?

Family members of seamen who lost their lives in the line of duty may have legal refuge under United States maritime laws. The circumstances will determine which laws you are able to file suit under.

If your family member lost his life at sea while working, an expert maritime law lawyer can help confirm your legal rights and aid you in deciding whether to file a claim.

What Is The Death On The High Seas Act

The Death on the High Seas Act, often referred to as DOHSA, is a maritime law providing for the compensation of families of seamen killed in global waters due to neglect on the part of a coworker or the vessel he was on. If the incident took place more than three miles from the coast of the U.S. or its territories, family members might be allowed to file lawsuits under this legislation.

Settlement may only be made to the employee's spouse, children or dependent relatives and is limited to monetary and pecuniary damages. Families could also be eligible for emotional damages in some situations.

Spouses may also have the option to claim loss of household services, referring to the loss of assistance provided by the seaman in raising offspring and home tasks. DOHSA doesn't allow for loss of support, consortium and companionship damages and preempts state or other maritime laws that do.

Claims Under The Jones Act

As the name suggests, the DOHSA is specifically for death incidences of a seaman. In the event your family member was hurt as a seaman, he should follow a claim under the Jones Act, which safeguards certain varieties of maritime laborers who have been hurt in the line of work caused by neglect. There will be instances, conversely, where a surviving spouse, children or parents will be able to submit a Jones Act wrongful death claim.

If your member of the family lost his life in United States waters inside a marine league of shore or while in port, the surviving family members may be permitted to file claim under this law instead of the DOHSA. In this case, the family can be permitted to claim additional damages. If neglect or claims of unseaworthiness against the vessel owner can be established, compensation for loss of consortium and punitive damages could be viable.

Other Applicable Wrongful Death Laws

The Jones Act establishes remedy for the families of seamen killed because of employer's neglect. If the accident was the outcome of neglect in part or in whole by a party other than the employer, the seaman's family members might have the ability to file a claim under general maritime law or state wrongful death statutes.

When the death takes place within federal waters, the wrongful death law of the adjacent state might be appropriate. But, with the extensive amount of conditions that go into concluding not merely whether a legal claim is feasible but also what statute it ought to be submitted under, consulting a maritime lawyer is the advisable plan for the family members of seamen who lost their lives in the line of duty.

The maritime lawyers at Schechter McElwee Shaffer & Harris have extensive experience in filing claims on behalf of seamen killed in the line of work under the Jones Act and other legislations.

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Worried About A Relative's Guardian? How Litigation Attorneys Can Help

When most people hear the word guardian, they immediately think of children whose parents have died. However that's not the only time you might be faced with a guardianship situation. Whether you know a child whose parent has become unable to care for him or her, or your parent or grandparent is suddenly unable to care for him or herself properly, you might know someone who needs a guardian.

Why Would You Challenge Guardianship

Most of the time, the person acting as the guardian is looking out for their ward's best interests. Sometimes though, there can be problems. The guardian could be mismanaging an elderly person's money, physically abusing them, neglecting them or more. Challenging a guardianship doesn't always have to happen because of conscious abuse though. Sometimes the guardians suddenly find themselves unable to care for their ward, but they might not realize it right away. In these cases, it's a good idea to protect your loved one and challenge the guardian's rights before serious harm occurs.

How To Challenge Guardianship Without A Lawyer

It's possible to challenge a guardian without using litigation attorneys. You will need to go to your local courthouse and fill out paperwork asking the courts to name you as the one responsible for the elderly person or minor child. Doing this yourself can be a good idea if you don't think there will be a conflict when requesting this change or if the current guardian no longer wants the responsibility of caring for the minor or elderly relative. To avoid family conflict or drama, consider talking to your relatives before you file a petition. They may agree that you're the best choice for the responsibility and hand over duties without a fuss.

Why Use A Litigation Attorney

However, if you think there will be a battle in order to gain guardianship over your loved one or if you need to prove neglect, abuse or mismanaged money, it's a good idea to hire a litigation attorney. Litigation attorneys who specialize in these issues will know which forms to fill out and more importantly, how to prove that you are the best option to take care of your loved one. A litigation lawyer will know what type of evidence you'll need and how to present it to the court to best help your chances of winning. In some cases, the ward might be unable to testify on their own behalf, which is why evidence and witnesses can be so important to your case.

Guardianship is a tricky situation and not handling it the right way can cause family strife and costly legal battles. Instead, try to talk to your family about determining who can best handle guardianship of a minor or elderly family member before using a litigation lawyer to challenge it in court. If you do require legal assistance, find litigation attorneys who can help you win in court. Your loved one's well-being depends on it.

If you're faced with challenging guardianship, a litigation lawyer in Chicago from Peck Bloom can help. These Chicago litigation attorneys are specialists in estate planning, guardianship and other elder law issues. To see how a litigation attorney in Chicago from Peck Bloom can help, or to chat with a live agent, visit their site.

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