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Maritime law provides specialized regulations for personal injuries that occur on the water or aboard any type of sea craft. Often, maritime injury or wrongful death occurs as the result of a boating accident or work related accident either at sea or in harbor. Depending on the circumstances of the incident, and the persons injured, a boating or maritime accident lawyer can help individuals understand their rights. For any maritime accident resulting in injury, an attorney specializing in personal injury and maritime law is an invaluable asset to the success of your case.
Boating accidents can involve any size boat, from small private watercraft, to fishing boats, to large cruise ships. Regardless of the size of the vessel, if the operator does not exercise reasonable care in operation of the vessel, he or she is liable for any resulting injury. An unseaworthy vessel, reckless operation of a vessel, and negligent navigation can all lead to substantial injury or death.
Passengers and workers injured in a maritime or boating accident are provided different legal options for recovering compensation under the law. For seamen and other maritime workers, The Jones Act outlines a distinct set of laws governing work injuries that occur while at sea. For injured passengers and work injuries that occur while in harbor, general personal injury laws and workers’ compensation laws generally apply.
In all maritime and boating accident injury matters, it is always recommended that you contact an injury attorney or lawyer specializing in maritime law to review your case and help you explore legal options for attaining fair financial restitution.
The Jones Act contains a specific set of laws, which were created to protect the rights of seamen and other maritime workers injured or killed while performing their job duties at sea. The Jones Act allows workers to file a personal injury claim and assign liability without having to prove that their injury was the fault of the boat owner. To hold the owner fully liable for an injury, the Jones Act only requires that the plaintiff prove their work related injury at sea was the result of either negligent upkeep of the vessel, negligent maintenance of safety equipment, an unqualified staff, or negligent operation of the vessel. The boat owner may reduce their liability if they can prove that the worker’s own negligence contributed to or caused their own injury.
The Jones Act can be applied to the following types of workers:
These workers only qualify for protection under The Jones Act if the following conditions are met:
Under The Jones Act, workers injured due to a boating accident or another type of maritime accident can employ a lawyer and sue the boat owner/operator for lost wages, future loss of wages, medical costs (both present and future), and damages for physical and mental pain and suffering. Injured workers and the families of workers killed on the job are entitled by The Jones Act to base their injury and wrongful death claims on negligence related to the unseaworthiness of the vessel. The family members of workers accidentally killed are uniquely entitled to sue the vessel owner/operator for financial and emotional damages due to loss of services under the Death on the High Seas Act.
For a vessel to be considered seaworthy the following requirements must be met:
If the vessel does not meet these requirements and a worker is injured or killed as a result, a maritime accident attorney should be retained to file an injury or wrongful death suit based on an unseaworthiness claim under The Jones Act. Families involved in a wrongful death suit also have the ability to sue the vessel owner for benefits under the Death on the High Seas Act within three years of the incident. We recommend contacting a boating or maritime accident lawyer as soon as possible for further information about your rights in these types of cases.
Recover compensation for your injuries or a death of a loved one by contacting a maritime accident attorney to review your case today – The Jones Act protects your right to fair financial restitution for your pain, suffering, medical bills, and lost income.
Boat owners and operators carrying passengers have a responsibility to ensure their passengers safe transport from the beginning of their trip to the end. While en route, passengers must be appropriately protected from any injury that could arise from a negligently maintained or operated ship, or at the hands of other passengers and the ship’s crew. Should a boating accident or other type of maritime accident occur, passengers can recover compensation for their injuries by filing a personal injury lawsuit against the vessel’s owner or operator.
If you or a loved one has been injured or killed on a cruise ship, private boat, boat tour, recreational fishing boat, or any other type of passenger vessel, have the facts of your injury case reviewed by a boating accident lawyer or an attorney specializing in personal injury law as soon as possible. With a lawyer’s help you can attain the compensation you are rightfully owed.
Whether you or a family member has been the victim of a maritime accident as a worker or passenger, it is important that you learn about your rights. Contact a boating accident lawyer or maritime accident attorney as soon as possible for a review of your case.