Which Parties Are Responsible For the DEEPWATER HORIZON Accident And Which Would I File A Claim Against?
It is anticipated that a Limitation of Liability proceeding will be filed by Transocean as the owner of the DEEPWATER HORIZON. In this situation, all claims must be filed through the Limitation of Liability proceeding. There are exceptions and legal strategies that can be used to possibly determine the value of your claim outside of the Limitation proceeding, but all claims must to some extent be presented in the Limitation proceeding. This also includes the claims of other companies against each other for the damages suffered due to the explosion and fire. There are many parties that may be responsible for the explosion and all of these individuals should be named in any claim that is filed. This will occur automatically if your claim is filed in a full Limitation proceeding which will necessarily involve all parties.
In regard to your rights against certain parties, technically your employer owes certain duties to you that third-party companies may not owe to you. However, since liability and fault should not be an issue at all in regard to your claim, the most significant part of your claim will be proving your damages in court. You may also be able to collect different types of damages from different parties, especially in regard to punitive damages.
If your claim is handled properly, it is often possible to obtain a significant recovery from each of the many parties which may be responsible for the explosion. By doing this type of multiple-party settlement, often individuals can receive full, more than adequate compensation for what they have suffered which includes payment of full loss of future wages, payment of medical expenses and a significant and proper award for physical and emotional suffering.
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