Limitation Of Liability Act Cases In Houston: Legal Counsel By Maritime Attorneys

 Limitation Of Liability Act Cases In Houston: Legal Counsel By Maritime Attorneys - If you have lost a loved one due to someone else's negligence or wrongdoing, you may be entitled to relief. A wrongful death lawsuit in Texas can provide you with the compensation you need to begin the process of recovery.

The Texas wrongful death attorneys at The Zimmerman Law Firm are ready to help you through this difficult time. Call (254) 752-9688 or fill out our online form to get started.

Limitation Of Liability Act Cases In Houston: Legal Counsel By Maritime Attorneys

Texas law defines wrongful death as a "wrongful act, neglect, negligence, incompetence, or default" that causes the death of another person. Although the definition seems relatively simple, proving a wrongful death claim can be more complicated than it seems.

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The most common wrongful death action is based on negligence. To succeed in a negligence claim, you must prove that these four elements are present:

The first element of a negligence claim is proving the existence of a legal "duty." This means that you must show that the other party owed your loved one a duty to use reasonable care to reasonably prevent harm under the circumstances.

Next, a plaintiff in a wrongful death action must show that the opposing party breached their duty. This means that you must prove that the other party would not have acted as a reasonably prudent person in the same circumstances.

This is by no means an exhaustive list. Contact an attorney today to discuss whether a party has breached their duty to your loved one.

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Death of your loved one. This causal link may be one of the most difficult elements to prove. You must prove that the death of your loved one occurred

Lastly, you must prove that damages exist. Damages in a wrongful death action are suffered by the victim's loved ones. Examples include:

Some of these damages may be difficult to quantify. However, an experienced attorney can help you calculate your Texas wrongful death damages.

One important thing to note about wrongful death claims is that not all loved ones can bring one. Only certain people can file a wrongful death lawsuit in Texas.

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Specifically, Texas law states that the surviving spouse, children, and parents of the decedent have the right to sue for wrongful death. Only these parties can bring such an action. Therefore, close friends, siblings, or even grandparents of the deceased are not allowed to file a wrongful death lawsuit in Texas.

However, if none of the legally permitted family members bring a wrongful death suit within three months of the death, the executor of the decedent's estate may bring the suit.

In Texas, a loved one must file a wrongful death claim within two years of the date of their family member's death.

There are specific exceptions to the two-year statute of limitations, such as when the person bringing the claim is a minor child, when the defendants are initially unknown, or when the plaintiff is mentally or physically incapacitated.

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The Texas wrongful death statute of limitations is two years from the date of the victim's death. This means you

Failure to do so within the Texas wrongful death statute of limitations may forfeit your right to bring your claim.

In most cases, a wrongful death lawsuit must be filed within two years from the date of the victim's death. However, there are some limited exceptions to this two-year deadline.

An experienced Texas wrongful death attorney can help you determine if an exception exists and how it may affect your ability to bring a lawsuit.

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If you have questions about the limitations of Texas wrongful death law and how it applies to your case, contact an experienced Texas wrongful death attorney today.

An attorney can help you evaluate your case, assess your claims, determine what damages you may be entitled to, and fight for your rights every step of the way.

At the Zimmerman Law Firm, we know how difficult it can be to deal with the loss of someone you love. That's why we work tirelessly to provide you with the support and representation you need and deserve.

We pride ourselves on the personal attention we can provide to each of our clients. Your case is important to us and we want you to know that you will be a priority on our team.

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To discuss your case and see how we can help you recover, contact or call (254) 752-9688 today for your free case review.

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was Biology with a minor in Chemistry. He completed his law education at Texas Southern University in 1990 and received his Juris Doctorate from the Thurgood Marshall School of Law. He was admitted to the Texas State Bar in 1990. Recently, the owners of the dive boat Conception filed a lawsuit known as the Limitation of Liability Act as a result of a catastrophic fire on board.[1] What is the limit of liability and why would owners file a lawsuit are the questions most people have. This type of lawsuit filed by dive boat owners can be traced back to a law first implemented before the Civil War. First enacted in 1851, this law allows boat owners to reduce their damages to the value of the vessel after an accident.[2] Essentially, the owners of CONCEPTION have filed a lawsuit that seeks to protect them from paying compensation for untimely deaths and injuries caused by the fire. Boat owners file a limitation suit after an accident so they can try to avoid being held liable for the incident.

The Limitation of Liability Act is a measure used by boat owners to avoid paying compensation if they can prove they had no "privity or knowledge" of the cause of the incident.[3] An owner has privity or knowledge of the cause of the incident when the owner knew or should have known of a condition that caused the incident.

The injured party must first show that the owner was negligent in the incident. In the case of conception, the parties shall produce evidence as to the cause of the incident and the resulting injuries and deaths. Once the cause of the fire is determined and any and all negligent acts are identified, the owners must prove that they had no knowledge of the fire and the resulting injuries and deaths.

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If Owners knew or should have known of any negligent conditions that caused the fire and/or injuries and deaths, Owners will attempt to avoid paying compensation, and Owners will fail. to face total damages resulting from the tragic deaths and injuries of CONCEPTION's passengers and crew.

The boat owners are not entitled to limitation if they were aware of the negligent acts or unseaworthy conditions that caused the accident. Owners are not limited if the boat is unseaworthy, has an incompetent crew, or has faulty equipment on board and these issues lead to the incident. Also, if the owners knew that there was no safe means of escape or any other circumstance that caused the tragedy, they should not be entitled to the limitation.

CONCEPTION'S OWNER'S LIMITATION LAW CONCEPTION'S LAWSUIT CONSTITUTES ALL CLAIMS TO BE FILED IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, IN THE COURT WHERE THE LIMITATION LAW IS FILED. This means that the injured party must file the claim and lawsuit in the court that the boat owner has chosen to file. While claims are allowed to proceed in court where the injured party wishes to proceed, an attorney should be aware of how the statute of limitations operates.

Finally, once a boat owner files a statute of limitations lawsuit, the standard statute of limitations or the time period within which a claim must be filed is greatly reduced. If any claim is not filed within this shortened period, the claim may be disallowed. The owners of the concept have sought a court order requiring that all claims be filed no later than February 1, 2020, or 4 months after the tragic incident. [4] Consequently, if anyone has a claim arising from an incident where the boat owner files a statute of limitations, that claim must be processed promptly to protect all rights you may have. In Concepcion's case, the owners asked the court to file all claims within 4 months, after which no claims would be allowed. If you have a claim, you should consult a maritime attorney with experience in statute of limitations cases to fully defend yourself in limitation proceedings.

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Stepp & Sullivan, P.C. is a maritime law firm,

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