Types of Maritime Injuries Requiring an Attorney

Why some Mobile maritime accidents necessitate hiring a lawyer

In one recent year, national statistics developed by the Research and Innovative Technology Administration (RITA) and the U.S. Department of Transportation (DOT) showed there were:

The nature of the maritime accident—whether commercial or non-commercial—determines whether the injured party needs a maritime lawyer or simply a general practice lawyer.  While most recreational boating accidents do not require a maritime lawyer, commercial maritime injury victims should be represented by a maritime injury lawyer experienced with general maritime law and the Jones Act.

General maritime law

U.S. federal courts have responsibility for general maritime law based on the Constitution.  These include serving as a court of equity as well as a court of law.

The Jones Act

The Jones Act covers maritime employees who are injured in the course of maritime employment.  It differs from workers compensation, which is available to an injured worker regardless of whose fault led to the injury.  In exchange for receiving those benefits, the worker forfeits common law rights to sue the employer.

To qualify for a Jones Act damage award, a maritime employee must satisfy all of these criteria:

• The employee has to have sustained an injury
• The injury has to have occurred while the employee was permanently assigned to a vessel on a navigable waterway
• The injury has to have been caused either by the negligence of a fellow crew member, or by an un-seaworthy vessel or equipment

A Jones Act claim can be made for medical bills, lost wages, loss of earning capacity, physical suffering, mental anguish, physical disfigurement, physical impairment, and other damages.

Maintenance and cure claims

A maintenance award is paid to an injured seaman recovering from a maritime injury.  An injured seaman is also entitled to reasonable medical care, regardless of fault. Punitive damages are recoverable when a Jones Act employer unreasonably withholds maintenance and/or medical cure payments.

Building a case

Most Jones Act employers are insured by maritime insurers with decades of experience in fighting maritime injury claims.  When an injury occurs, they dispatch special investigators with the goal of proving that the injury was the fault of the injured employee.

An experienced maritime lawyer knows how to protect your rights and deal with insurance company tactics.  He or she can make sure you see a doctor immediately so all injuries are carefully documented, and will file papers to start maintenance and cure payments while building a case for a negligence or un-seaworthiness claim.

Call our law office in Mobile

The Mobile attorneys of Jackson, Foster & Richardson, L.L.C. have extensive experience handling maritime law and Jones Act claims.  To consult a lawyer from our law firm, please call us toll-free at 866-433-6699 or contact our firm online. Whether you are in Mobile, Foley, Theodore, Grove Hill, Loxley, Fairhope, or another area of Alabama, our lawyers are here to help.