Filing Maritime Law Claims

When a traffic accident occurs on the highway, it’s usually simple enough to determine which state’s personal injury laws apply. But if an incident occurs on our nation's waterways, particularly off-shore, it’s a more complicated question as to which legal claims should be pursued. Do the laws of the nearest state apply or do federal maritime laws apply?

If you have been injured in a maritime accident, these are important considerations. Some states have laws that prevent an injured person from recovering damages if their own actions contributed to an accident. When evaluating your claim, various factors could decide which laws apply. Courts will look at the location of the incident, the registration of the ship, the occupation of the injured person or the citizenship of the parties involved.

If you are a seaman, merchant sailor, dockworker or offshore worker who suffered an injury in a maritime-related accident, it’s important to talk to an attorney who concentrates in maritime and admiralty law to understand your legal rights. Choosing a lawyer experienced in the complexities of maritime law is similar to hiring a skilled harbor pilot knowledgeable about local sandbars or hazards.

The maritime and admiralty law attorneys of Parker Waichman Alonso LLP have extensive experience helping maritime-injury victims obtain fair compensation, and we can help you. Our goal is to help you recover the money you and your family need to move forward. Please fill out our online form or call 1-800-LAW-INFO (1-800-529-4636) for help with your case. We handle maritime law claims from port cities along the U.S. Eastern Seaboard, including New York, Philadelphia, Wilmington DE, Baltimore, Norfolk, Charleston, Savannah, Jacksonville FL, Fort Lauderdale FL and Miami.

There are various types of maritime and admiralty law claims we may be able to file for you. They include:

• The Jones Act allows seamen who work on ships, oil rigs, river barges and fishing boats to recover compensation if injured during employment because of negligence;
• The Death on the High Seas Act allows the spouse, child, parent or dependent relative of a deceased seaman to file a lawsuit in United States District Court to recover damages for economic losses and emotional suffering that a death of a loved one can cause.
• The Longshore & Harbor Workers' Compensation Act permits injured land-based maritime workers to file a claim for benefits. Those benefits cover medical care, compensation for lost wages, payments for certain permanent impairments and vocational training for workers who cannot return to their former jobs. Claims are reviewed by the U.S. Department of Labor.
  
  

When filing a claim under the Jones Act or general Maritime Law, you can ask that the claim be placed on the admiralty docket or the civil docket. Federal courts have jurisdiction in admiralty cases. If you request a jury trial, then the case will likely be considered on the civil side of the federal court docket. There are pros and  cons of  both approaches. These are the kinds of legal strategy considerations that a skilled admiralty and maritime lawyer can help you evaluate.

In some cases, diversity of citizenship—whether a case involves citizens of more than one state—will dictate whether a legal claim is filed in federal court or state court.

A job at sea comes with special rewards and also special risks and dangers. It requires specialized rules and laws to govern employment and commercial activity at sea. To achieve the best legal outcome, talk to a maritime attorney who knows this area of law.

Parker Waichman Alonso LLP has been representing the rights of  maritime injury victims for more than 20 years. Please fill out our online form or call 1-800-LAW-INFO (1-800-529-4636) for help with your case.