MARITIME LAW FAQs
Frequently Asked Questions about Admiralty and Maritime Law
Admiralty and maritime law is a complex set of rules, specific legal definitions, and sometimes confusing language. To assist you in making an informed choice about retaining a maritime lawyer for your case, our team has answered some of the most common questions we receive below.
If we have not answered your questions here, or for further information about recovering the compensation you are entitled to for your injury or wrongful death claim, you can reach a maritime injury lawyer at Madalon Law today for a free consultation. We represent clients in maritime cases in Florida, Texas, Louisiana, Alabama and Mississippi.
What are Admiralty law and maritime law?
Maritime law is a federal body of laws that govern accidents, injuries, and deaths that happen to maritime workers and others on or near navigable waters. This complex body of rules regulates many issues associated with marine commerce and sea navigation, such as unseaworthiness and negligence.
Can any attorney handle my maritime injury case?
It would be unwise to hire an attorney who is not familiar with maritime law if your case involves an injury or death related to the maritime industry. If you hire an attorney whose focus is primarily divorce or automobile accidents, for example, it would be likely that attorney would not be aware of all of the complexities of your case, or what specific rules and limitations apply that would not necessarily apply to an injury case that originated on land.
What steps should I take after suffering a maritime injury?
Here are a few things to keep in mind after an accident while working at sea:
- Report the accident immediately to a supervisor, and complete an incident/accident report. Add as much detail as possible and verify the report’s accuracy before you sign it. Do not make any admissions of fault or state it was a no-fault accident.
- Seek immediate medical care, requesting detailed documentation of all findings and medical needs from your doctor. Do not wait to see a doctor, or you may compromise your case.
- Diagram and photograph the scene of the accident if at all possible. Photograph all angles and all evidence of negligence or unseaworthiness that may have contributed to the accident. If your injuries prevent you from taking photos, ask someone you trust on the vessel to do so for you.
- If offered any documents to sign, let a trusted and skilled maritime lawyer go over them with you before signing, to ensure that you understand and agree with them.
- Keep a paper trail. Record everything that happens and everything that you are told in relation to your accident. Keep your own copies of every form you sign, and if possible have witnesses initial anything that could be questioned.
- Discuss your case in detail with an experienced maritime lawyer.
TALK TO A MARITIME ATTORNEY
The maritime accident attorneys of Madalon Law are here to answer any questions you may have. Please contact us for a free consultation.
MARITIME LAW FREQUENTLY ASKED QUESTIONS: PART 2
What is the Jones Act?
The Jones Act is a primary rule of maritime law designed to protect workers on navigable waters when they are injured as a result of negligence or the unseaworthiness of the vessel. It protects the rights of seamen to a safe work environment, and allows them to recover damages for their injuries.
What is a “Jones Act Seaman”?
Maritime law defines a seaman as someone who works at least 30 percent of their total work time on a vessel. This could be, for example, a bartender on a cruise ship, a fisherman, a driller on an oil rig, or an onboard mechanic. The vessel can be any vessel engaged in maritime commerce, such as a tugboat, fishing boat, dredge, oil rig, or cruise ship.
What is “unseaworthiness”?
Unseaworthiness is the legal term for any unsafe condition on a vessel that may cause injury to passengers or workers. Examples of unseaworthiness might be lack of proper safety equipment, poorly trained or unqualified crew members, wrong type of vessel for the work involved, insufficient number of crew members, poorly maintained ship or equipment, or lax safety procedures. If a vessel where an injury occurs is deemed unseaworthy and the injury is due to the unsafe condition of the vessel, the injured party can recover damages for unseaworthiness.
If I was injured in a maritime accident on the job, what kind of compensation can I receive?
If you meet the definition of a seaman, and the injury happened while you were in the service of a vessel (even if you happened to be on land at the time of the injury), you are eligible for maintenance and cure. This means you can receive living expenses, sick pay, and compensation for medical expenses.
Also, if you can prove negligence on the part of the ship owner or unseaworthiness of the vessel, you may also be able to collect compensation for disability and/or future lost earning capability.
I’m not a seaman but was injured as a ship’s passenger. Can I get compensation for a maritime injury?
Injured passengers are also protected under maritime law. You may be able to collect damages such as present and future medical costs, disability, lost wages and future earning capability, and even pain and suffering.
Can I get compensation if nobody was at fault for my maritime accident?
You should never assume or admit that an accident was your own fault or was no-fault. Often, those injured in an accident are unaware of details that may have made the vessel unseaworthy, or of the actions of others that may have created a hazard in the work space.
It is vital that you understand all of your rights under maritime law. Even if the injury truly was your own fault, if you are a seaman as defined under the Jones Act, you can still receive compensation in the form of maintenance and cure. Contact a maritime lawyer immediately after any injury to make sure your rights are protected and you get the compensation you deserve.
Maritime Law FAQs: Part 3
MARITIME FREQUENTLY ASKED QUESTIONS: PART 3
Can I get compensation if nobody was at fault for my maritime accident?
You should never assume or admit that an accident was your own fault or was no-fault. Often, those injured in an accident are unaware of details that may have made the vessel unseaworthy, or of the actions of others that may have created a hazard in the work space.
It is vital that you understand all of your rights under maritime law. Even if the injury truly was your own fault, if you are a seaman as defined under the Jones Act, you can still receive compensation in the form of maintenance and cure. Contact a maritime lawyer immediately after any injury to make sure your rights are protected and you get the compensation you deserve.
Can I get maintenance and cure benefits while I’m suing my employer for negligence or unseaworthiness?
Yes, most seamen filing Jones Act negligence and/or seaworthiness complaints also receive maintenance and cure. If maintenance and cure is not being properly paid, you can ask the court to find that you are entitled to such, and the court may also require the employer to pay the seaman’s attorneys’ fees for that part of the complaint.
Can’t I just make a workers’ compensation claim?
Although both Jones Act claims and workers’ compensation claims are concerned with injuries incurred on the job, a Jones Act maritime injury case is NOT the same thing as workers’ compensation. Often, workers’ compensation cases end up with small cash settlements, but settlements under the Jones Act are often much greater if there is any proof of negligence or unseaworthiness. Before making any claims under workers’ compensation law, discuss your case with an experienced maritime attorney, because it is possible to lose rights if you make a claim under the wrong law.
How long will my case take?
Of course, every case is unique. The length of time between hiring an attorney and receiving compensation varies depending on the complexity of the necessary investigation needed to gather all the facts of the case, as well as the willingness of the defendant to settle out of court. Before approaching a defendant about an out of court settlement, a maritime lawyer generally spends one to two months gathering information and evidence. If the defendant agrees to a settlement, you could begin receiving compensation relatively soon after. If your case is not settled out of court, then it will be filed in State or Federal Court, and it can be a year or more before the trial date.
Can I lose my job or be discriminated against because I filed a legal claim?
No, it is not legal for employers to harass you or discriminate against you simply because you hired an attorney to protect your rights and receive the compensation you deserve for on-the-job injuries.
How – and how much – will my lawyers be paid?
We take maritime injury cases on a contingency fee basis. This means that if we achieve a settlement for you or win your case in court, you will pay your attorney a percentage of the financial compensation settled upon or awarded to you. Lawyers also pay the costs of litigation up-front, and are then reimbursed by the client for such expenses as expert witness fees, filing fees, photocopies, and so on, unless there is no recovery. In that case, the client pays no fees or costs to the attorney.
When is the best time to contact an attorney?
The sooner you contact a maritime lawyer to discuss your case, the better off you will be. Maritime injury cases generally have a statute of limitations of three years from the date of the injury, but in some situations it can be as little as one year. If you wait to hire an attorney and file a claim, you may lose the right to compensation forever. It is best to contact a maritime lawyer as soon as possible to while facts are clear in your mind, witnesses are available, and evidence is fresh.
If you are ready to take the first step and discuss your case with a maritime attorney, contact us today for a free consultation.
