Why Do I Need a Maritime Injury Attorney?
There are many federal acts and statutes designed to protect the rights and livelihood of maritime workers. Unfortunately, companies and employers may fight the claims made under the acts, leaving injured workers with no financial benefits and struggling to provide for themselves and their family. The only definite way to ensure that your rights are protected and that your case is filed under the correct laws to work with an experienced and knowledgeable maritime injury lawyer. The lawyer will know the complexities and challenges of the laws and will be able to successfully navigate the legal requirements of your case.
Unlike state workers’ compensation claims or even claims pursued under the Longshore and Harbor Workers’ Compensation Act, there is no federal or state administrative body that oversees
Jones Act claims. Claims covered by the Jones Act must be filed in state or federal court, and that usually requires a lawyer to manage the process. Although some claims may be settled in pre-litigation negotiations, the process to pursue the compensation that you deserve requires that you file a lawsuit. If you are unsure whether you qualify for a maritime claim, you should consult with an experienced maritime injury attorney to discuss your rights and the merits of your maritime injury claim.
At the time you were hired, it is possible that your company requested that you sign an agreement or release in exchange for payment of unearned wages, maintenance or medical benefits. You may have signed other releases and waivers that were intended to limit the compensation you could receive in the event of an injury or illness. If you are considering filing a maritime claim, it is imperative that you have any documents reviewed by a qualified maritime attorney to assess the impact these could have on your claim. When making a claim for damages in a maritime injury suit, there are many aspects that must be taken into consideration. Only an experienced lawyer will be able to make sure all of the critical items are addressed. These items include:
- Status of the worker at the time of the injury;
- Status of the vessel at the time of the injury;
- The qualifications of the worker bringing the claim;
- The time frame in which the claim must be made;
- The vessel’s seaworthiness;
- The training of the crew members; and
- Factors that contributed to the injury
While the issues may seem simple, getting to the contributory causes of the injury and proving negligence may require interviews, a review of documents and access to information that a worker could not get without a lawyer. During the discovery process, you and your lawyer may find that your employer and his insurance company are attempting to settle your claim as cheaply as possible. If you were making the claim on your own, you may be tempted to accept the first offer, unaware that your injuries and the cause of the injuries could make you eligible for significantly more compensation. The only way to level the playing field is to have an experienced attorney representing your interests.
Due to the complexities and challenges presented with maritime law, you should not delay when securing a lawyer for claiming the benefits you are owed. If you suffered a maritime injury or illness, it is your right to seek compensation from those responsible for your situation. If a loved one died while in a maritime job, you may be able to file a claim as a survivor.