Maritime attorneys deal with all aspects of admiralty and maritime law. This includes maritime personal injury claims for civilian passengers and shipping business owners.
Maritime law encompasses all injuries and accidents that occur on navigable waters. This includes oceans, lakes, and rivers. In the United States, these cases are overseen by federal courts.
Maritime Law is a Specialized Field
Maritime law, also known as admiralty law, is a specific facet of civil law that covers a broad range of nautical issues and possible disputes. Its scope includes laws governing commerce, navigation, lost cargo, leisure travel, and the interaction between employers and seamen, for more details, visit by clicking here.
Typically, any dispute that occurs on the seas is judged by federal courts. Nevertheless, property disputes like salvage or damaged cargo might go to state courts.
Maritime law is unique because it is not exclusive to oceans or seas; it extends to any vessel in navigable waterways. In addition, depending on which flag a ship flies, it is subject to the country’s laws. Maritime laws also include provisions for the injured seaman. Seamen who have been injured are entitled to receive maintenance and cure, which includes medical treatment and living expenses until they are fully recovered, which refers to financial compensation for living expenses while they recover from their injury. The right attorney can help ensure that a seaman’s rights are protected.
Injured Offshore Workers
If you have been injured on the job, a maritime lawyer will assist you in filing your claim and receiving the compensation that you deserve. They can negotiate with the insurance company and take your case to trial if necessary.
Injured offshore workers are entitled to damages based on federal laws known as the Jones Act. These laws detail the liability of ship/vessel operators for work-related injuries and death. Injured seafarers have the right to sue their employers for negligence and receive compensation for lost earnings, medical expenses, pain and suffering, emotional distress, and future income losses.
Injured seamen also have the right to maintain and cure, providing money for living expenses and medical bills until they can return to whole duty. Maritime lawyers can help injured offshore workers with these claims as well. Other damages include property damage, wrongful death, and punitive damages.
The Lawrina Legal Blog recently asked, “What does a maritime lawyer do?” While many attorneys can claim expertise in maritime law, it is essential to understand the unique differences between land-based laws and those that apply to sailors. A naval attorney (an admiralty lawyer) focuses on cases covered under common admiralty law.
These include oil spills, cargo salvage, and dumping waste into the water. Maritime lawyers can also protect injured seamen who need compensation to cover medical bills. They can help file a claim under the Jones Act and provide the necessary guidance for workers to get benefits.
Maritime law is a complex field that requires a firm understanding of state, federal, and international laws. It also requires specific knowledge regarding marine insurance, employee compensation (Jones Act), and environmental regulations. Unlike property disputes that typically go to civil courts, maritime cases must be handled in federal court.
Choosing a Maritime Attorney
The specialized nature of admiralty law makes finding the right lawyer for your case necessary. When meeting prospective lawyers, consider their demeanor, maritime specialization, and fee arrangement. Also, trust your instincts – moving on may be a good idea if you don’t feel comfortable with one attorney.
Choosing a maritime lawyer with adequate resources for your case is also essential. Injuries related to maritime law are complex. A skilled lawyer can negotiate with insurers for fair compensation.
For example, seamen injured on the job can file claims for maintenance and cure, which covers the costs of their medical treatment. This is like workers’ compensation on land. However, if the injury is caused by negligence, the Jones Act allows the injured seaman to sue their employer for damages. In addition, a maritime lawyer can assist with filing claims for lost wages and pain and suffering.