History of Admiralty & Maritime Law
Maritime law—also referred to as admiralty law—is about angstrom old as the transportation diligence itself and governs most accidents that occur on navigable waters. The law ’ s roots can be traced back to the oral customs of nautical demeanor of the Egyptians and Greeks. however, the earliest formal codes were established around 900 BC on the Greek island of Rhodes. The original nautical laws and codes stemmed from the ancient customs and rules of ship. For example, the Doctrine of General Average—the concept that all sea cargo stakeholders ( owner, shipper, etc. ) evenly share any damage or losses that may occur as a leave of a voluntary sacrifice of part of the vessel or cargo to save the whole—can be traced back to the early on ship customs of the Rhodians .
The concept of a divide legal authority regulating maritime issues was brought to the west by Eleanor of Aquitaine, who learned of the concept when she accompanied her first conserve King Louis VII of France to the Mediterranean on the Second Crusade. The term admiralty law came from the british admiralty courts, who presided over nautical matters individually from England ‘s common law courts. As the U.S. judicial system is based on the british arrangement, amended admiralty laws were gradually incorporated into our legal system soon after the fundamental law was ratified .
Though however based on industry standards and customs, maritime law is largely found in the U.S. Constitution, treatises and international conventions, federal statutes, the cosmopolitan nautical jurisprudence, and other judicial decisions, administrative regulations, and customs .
When Does Maritime Law Apply?
possibly most obviously, nautical law applies to events that occur on high seas—in other words, accidents that happen beyond the territorial waters of any country. Furthermore, maritime jurisprudence applies to the territorial sea, which are waters within 12 miles of the land. however, the law ’ second applicability becomes less clear far inland. early in the United States ’ history, maritime police did not apply to incidents that occurred within the “ torso of the country ” and therefore excluded incidents involving the Great Lakes and nontidal inland waterways. however, throughout the nineteenth century, this exception eroded away.
Maritime law is now applied to “ navigable waters. ” A waterway is deemed navigable if by itself, or by uniting with early waters, it can serve as a “ continued highway over which commerce is or may be carried on with other States or foreign countries. ” Consequently, if a body of water is completely landlocked within a single state, then it is not navigable for purposes of admiralty legal power. however, a consistency of water doesn ’ metric ton motivation to flow between states to be deemed navigable. A body of water system may be deemed navigable if it is a link in a chain of bodies of water that can be used to service interstate commerce. ultimately, the test is that the department of commerce of one country must be capable of being carried into another state of matter or a alien nation. once this quiz has been passed, it is probable that maritime law will be applicable, tied if it is a recreational vessel .
Incidents That Require Texas Maritime Accident Attorneys
Houston maritime injury attorneys exist to help hurt seamen or dock workers get the compensation they need to recover from serious injuries and afford long-run checkup costs that occurred offshore. That includes any accidents that occur on “ navigable waters ” ( rivers and ocean ) and in harbors or docks .
Our maritime lawyers have represented clients who were injured in:
One luminary expression of maritime accidents is that they ‘re frequently annihilating. Offshore oil outfit explosions cause significant damages, vessel collisions are frequently catastrophic, and anoint platforms can unfairly change the lives of workers. Maritime lawyers fight to help workers recover the compensation they deserve, whether they ‘re suffering after a major explosion or have injuries caused by insecure work conditions .
Our nautical attorneys represented more gang members of the Deepwater Horizon and the El Faro than any other police tauten. We not lone understand nautical law but the practices and culture of nautical employers. speak with us to discuss your event so we can go over your legal and fiscal options .
The Basics of Maritime Law
Maritime law is derived from many sources : federal statutes and general maritime police being two of the most outstanding. These sources provide some of the nautical doctrines that are normally used in cases involving vessels and their passengers and crew .
Maritime law sets forth many of the basic legal tenets associated with
the sea and seamen, including:
Seaman’s Right to Maintenance and Cure: Maintenance and cure are benefits that an injured seaman receives from
an employer during the course of recovery. Maintenance includes such expenses
as the seaman’s rent or mortgage, utilities, property taxes, homeowner’s
insurance, and food. Cure is similar to workers’ compensation benefits
for land-based employees; it covers costs related to medical treatment
for the work-related injury. A seaman is someone who is a captain or crew
member aboard a vessel in navigation. Also similar to worker’s compensation,
Maintenance and cure does not require that the seaman prove any fault
for their injury—the employer is required to pay.
The Jones Act: The Jones Act is a federal law that gives seamen a statutory right to
sue their employer for personal injury damages. However, a seaman must
spend at least 30% of their time working on a vessel to qualify for the
Jones Act. Not only does the Jones Act provide the seaman a statutory
right to sue their employer, it also eases the burden of proof needed
to prove causation between the employer’s negligence and the seaman’s
injury; under the Jones Act, the employer’s negligence only needs
to play a part in the seaman’s injury rather than being a proximate
cause. The Jones Act also incorporates aspects of the Federal Employment
Liability Act. In particular, claims filed in state court under the Jones
Act are not removable to federal court.
The Death on High Seas Act: When the death of an individual is caused by a wrongful act or neglect
occurring on the high seas, the Death on High Seas Act guarantees that
a personal representative of the decedent can bring a claim.
The Saving to Suitors Clause: Federal law establishes exclusive jurisdiction for admiralty and maritime
cases in the federal district courts absent any language indicating the
contrary within a statutorily created right, such as the Jones Act. However,
the “saving to suitors” clause reserves any non-admiralty
remedies that may be available to an individual. An example of an admiralty
remedy is a suit in which the claim is brought against the ship.
Longshore and Harbor Worker’s Compensation Act: Federal law created certain statutory rights for employees who are not
necessarily “seamen” but nonetheless work on harbors or vessels
that are under repair or being built. This law covers longshore workers,
ship-repairers, shipbuilders or ship-breakers, and harbor construction
workers. Moreover, the injuries must occur on navigable waters or an adjoining
area, such as a dock. This law provides for the payment of compensation
and medical care for an individual injured while on the job or survivor
benefits. The Outer Continental Shelf Lands Act extends the Longshore
and Harbor Worker’s Compensation Act to employees engaged in offshore
drilling on the Outer Continental Shelf.
Jurisdiction in Maritime Law Cases
In the U.S., legal power over admiralty jurisprudence matters was originally given to the federal courts. however, today most admiralty cases can be heard by both state and federal courts under the redemptive to suitors article in Title 28 of the United States Code ( 28 U.S.C. § 1333 ). The exception to this is any count involving maritime place ; those cases may only be tried in federal court. If a state court presides over an admiralty case, the court is required to apply admiralty or nautical law rather than its state law .
How Does Maritime Law Provide for Hurt Workers?
Without maritime law, injure seamen would be left on their own to counteract the suffer they sustained while working. Anytime a ship employee becomes injured or ill, the vessel owner is required to reimburse their losses. Maritime law refers to this reimbursement as maintenance and cure, meaning that until the seaman in full recovers, the employer must provide for their affliction. The court views this debt instrument as an unquestionable duty that the shipowner owes any mariner aboard their vessel. Seamen are besides eligible to recover full wages for the length of the ocean trip during which they sustained injuries or illness. An employment compress may dictate the measure of unearned wages a mariner can receive .
Provisions for Maintenance & Cure
sustenance and cure refer to the benefits a seaman is entitled to until he/she recovers and is fit for duty. however, there is a maximum medical improvement ( MMI ) limit that can control the amount of recompense received .
Because many ship owners are abhor to pay the highest sum possible, they either surveil old rates ( from $ 15 to $ 35 a day ) or regulate bring around benefits by hand-pick covered medical treatments. The U.S. Supreme Court states the duty to provide sustenance and cure must be broad and inclusive. In the case of compensation, the seaman is about constantly favored when agnosticism is involved .
Catastrophic Maritime Injuries
In some instances, an offshore accident can cause injuries that are thus unplayful that they change a person ‘s life sentence permanently. These types of injuries are so ill-famed that the checkup and legal community has a word for them : catastrophic injuries. When a person has this type of offshore wound, their injuries will likely impact the pillow of their life. In some instances, certain injuries mean that a person wo n’t be able to earn a living with physical employment as they once did n’t. In other cases, it means that every aspect of a person’s life is impacted by the austereness of their injuries .
Serious maritime injuries that change lives include:
frequently, these offshore injuries require a life of checkup wish. When workers are suffering from an accident they did n’t cause, they deserve compensation for the worry that will make their life sentence adenine comfortable as potential .
Maritime Burn Injuries
One of the most catastrophic injuries that can occur in a nautical accident is a sunburn wound. If you suffered a sunburn injury during a nautical accident, it is full of life to contact a top-rated Houston maritime burn injury lawyer ampere quickly as possible. Arnold & Itkin LLP has helped hundreds of hurt seamen advocate for their rights, including those who have suffered serious cut injuries while working offshore .
Experienced maritime workers know that fires can ignite in most offshore environments. These incidents can lead to hard burn injuries .
Common causes of offshore burn injuries include:
Hazardous Chemicals: Highly flammable chemicals can cause severe burns.
- Electrical accidents: Faulty or improperly handled electrical equipment can spark a fire.
- Engine Room Fires: Malfunctions in engine room can cause an explosion or fire.
- Equipment Malfunctions: Hazardous or defective equipment can cause a fire.
- Explosions: Caused by highly flammable chemicals used for vessels or onboard equipment.
Types of Burn Injuries a Maritime Worker Can Experience
There are respective degrees of burn off injuries depending on the badness of the burn. Burn injuries can be caused by extreme heat, electricity, chemicals, radiation, or clash. Any of these cauterize hazards are give on seafaring vessels or offshore rigs .
Burn injuries can range from mild to life-altering burns, including:
First-Degree Burns: This is usually a surface burn that does not necessarily require medical
attention, but may cause irritation and pain.
Second-Degree Burns: This is a more severe burn that may cause blisters and may extend below
the surface. Healing can take a few weeks.
Third & Fourth-Degree Burns: These are the most serious burn injuries because they extend through the
entire layer of tissue that lies below the surface. This layer contains
structures, such as nerve endings, sweat glands, hair follicles, and blood
capillaries. These burn injuries are much more severe and will require
a longer healing process and more medical attention.
Serious Burn Injury Complications
severe bite injuries can lead to serious complications if not treated by rights .
Third- or fourth-degree burn complications include:
- Hypothermia resulting from the loss of body heat due to the damaged skin.
- Hypovolemia from damaged blood vessels causing your body to lose blood and other fluids.
- Infections resulting from the lack of protective barriers due to the damaged skin.
- Joint difficulties can result from the build-up of scar tissue.
- Sepsis can result from an infection—this is a life-threatening condition.
hospitalization costs for catastrophic burns can run into the six-figure roll. This is why it is vital to contact an lawyer arsenic soon as possible to recover fiscal recompense for your injuries. Suffering these injuries without corroborate can destabilize your future, and the preferably you get in touch with a nautical burn wound lawyer, the better your chances of achieving the best possible consequence for your case .
Houston Maritime Brain Injury Attorneys
Head injuries occur frequently in the nautical industry—depending on the asperity of the injury, lifelong treatment may be needed. In many cases it may seem as though cases could have not been prevented ; in reality, many brain wound accidents could have been prevented with the proper precautions. If that ‘s the casing, you may be able to file a title under the Jones Act .
Some of the most common causes of brain injuries include:
- Broken equipment
- Conveyor belt accidents
- Crane and cargo accidents
- Improper safety guidelines/training
- Improperly stored equipment
- Lack of safety equipment
- Poor ship maintenance
- Slip and fall accidents
Types of Brain Injuries & Common Symptoms
When a maritime actor suffers a head injury, it ’ second one of two types : a close head injury and an open head wound. A close capitulum injury is when an injury doesn ’ t lawsuit the skull to be broken, fractured, or pierced. An exposed read/write head injury is when the skull is pierced or fractured. Although open head injuries may seem more severe, close up question injuries are unmanageable to diagnose and can require extensive treatment .
Common symptoms of brain injuries include:
- Cognitive Damage – Memory loss, trouble with concentration and attention.
- Sensory Symptoms – Loss of vision, hearing loss, or loss of taste or smell.
Physical Symptoms – Seizures, headaches, paralysis, insomnia, chronic pain, or language
- Behavioral/Emotional Symptoms – Irritability, anger, depression, and dramatic mood swings.
Any level of brain price can have a serious affect on an employee ’ s daily liveliness, altering their personality and their ability to make a surviving. When a brain injury happens because an employer or colleague was negligent, it ’ south vital for injure people to hold at-fault parties accountable—for their own sake, the sake of other employees, and the sake of the loved ones they support .
Maritime Amputation Injury Lawyers
Although not all nautical injuries are caused by negligence, amputation injuries often are. If an employer or vessel owner fails to maintain equipment, train the gang, or create a safe employment environment, it can cause unplayful injuries that require amputation .
Some of these accidents may be caused due to the following:
- Unsecured cargo
- Navigation collisions
- Lack of safety and equipment training
- Defective and malfunctioning equipment
It is vital to work with equipment and machinery that is regularly maintained indeed that it is working correctly. It is the employer ’ sulfur province to ensure that workers are properly trained to use the equipment. If your employer has not met this standard and you lost a limb as a consequence, he or she was negligent and should be held accountable .
To learn how, read more about the Jones Act hera .
surgery is required to treat a suffer limb or to amputate a limb. once you have had surgery, you may still need extensive physical and emotional therapy to help you adjust to the new reality of missing a limb or using a prosthetic limb. These requital costs can be unmanageable for an injure nautical worker to handle, specially while supporting a family. Our firm much has to help our clients rebuild their fiscal security in the wake of dearly-won aesculapian treatments. This is why it is vital to contact a maritime amputation injury lawyer deoxyadenosine monophosphate soon as potential .
Recovering Compensation for Amputation Injuries
If you suffered severe injuries in a maritime accident that required amputation, you have the right to receive compensation. Limb passing is a financially costly loss ; patients face treatment costs for the rest of their lives. Under maritime law, you have respective avenues for recovering damages, particularly if negligence is involved. Since nautical law is different from laws on land, it is vital to contact an know maritime amputation injury lawyer angstrom soon as possible to help you receive the best possible results for your case .
Understanding Maritime Injuries
In 2013, the Centers for Disease Control released a reputation examining fatal maritime injuries from 2003-2010. It found that those working in the offshore oil and natural gas industry are seven times more likely to die than workers in other industries. however, the vegetable oil and boast diligence international relations and security network ’ t the alone common sector for maritime injuries. Anytime people are on a vessel or working in the nautical industry, dangerous conditions are present, and vessel owners and employers must take appropriate measures to protect them .
Those in tear of a vessel are responsible for nautical injuries. Vessel owners and employers must ensure they provide safety trail for workers and ensure that their ships and rigs are seaworthy. This is dependable even in the expression of natural disasters and heavy weather like hurricanes and tropical storms. Rough seas are no excuse for a vessel capsize or sink, if the owner know of the storm and failed to evacuate crew or take measures to evade it .
Vessel owners and employers are responsible for making sure the following exist:
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- Safety training
- Safety equipment
- Vessel maintenance
- Safe work practices
Offshore workers who sustain maritime injuries have a chance for convalescence through the Jones Act. besides known as The Merchant Marine Act of 1920, this protects U.S. citizens working offshore. It enables hurt workers to hold vessel owners accountable for failing to protect their guard. basically, the Jones Act provides similar protections to offshore workers that their onshore counterparts enjoy. It requires employers and vessel owners to be creditworthy and holds them accountable for negligence .
Jones Act settlements include compensation for the following:
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Medical bills
Recovering Full Costs for Maritime & Offshore Accidents
Following a serious accident, injure seamen may face a host of costs. These do not lone have an immediate impact but can affect them for years. In about all cases, the immediate effects are obvious in the inability to work, steep bills, and the pain and suffer associated with the injury or illness. even the future costs of reclamation are frequently long-familiar. however, it is not always easily to see what the future costs of an wound will be. In some cases, the individual may require lifelong aesculapian attention or may finally pass away from the side effects. For this cause, it is all-important that the hurt and their family recover just damages for the injury under nautical police .
Consider these costs that could result from a maritime injury or death
of a seaman:
- Long-term rehabilitation
- In-home care
- Lost wages and earning capacity
- Emotional and financial counseling
- Vocational rehabilitation
Maritime Injuries: Do You Know Your Rights?
After an accident, one of the most important things you can do is to ensure all of your needs are met : medically, legally, emotionally, and financially. however, this can be unmanageable .
Therefore, it is important to keep in mind a few issues that could be compromised.
you have the legal right to select your doctor. Never feel obligated to choose the doctor’s office or attending physician
your business or insurance company may be pushing on you. Often, you will
need to see the recommended doctor for an evaluation, but this is the
extent of your obligation. Who you choose for treatment is up to you and
should not be threatened by any employer or adjuster you may be working
with in regards to your case.
you are entitled to medical treatment. The provision of medical benefits is protected under the Jones Act, so
injured maritime workers need not worry about being compensated for recovery.
This is true regardless of who may be at fault for the accident. Furthermore,
the Jones Act protects injured seamen who may be given differing opinions
This means that if one doctor recommends treatment while another claims
it is not necessary, the disagreement will be resolved in favor of treatment.
Unfortunately, many injured seamen have not been hurt for the first time.
However, if a pre-existing condition is aggravated, then employers will
be obligated to ensure that adequate coverage is provided. All that will
be needed is an evidentiary statement made by your doctor on your behalf.
You are entitled to medical benefits and financial maintenance payments,
whether or not you sign paperwork brought forth by an insurance adjuster.
In fact, it is in your best interests to be cautious of any documents
brought to you by an insurance adjuster; these often don’t have your safety
and well-being as a priority. As such, you should be hesitant to sign
any paperwork under the condition that medical benefits and/or maintenance
payments rely on a signature.
you are not required to give a recorded statement after any sort of accident and/or injury. Of course, reporting the incident
as quickly as possible is a crucial step of the process; however, attention
must be paid to the fact that many accidents can affect the memory and
mental functioning of an injured person. Therefore, it is unwise to record
a statement of events that may later need to be adjusted—a process
that can prove to be quite difficult.
From the initial file of a claim to the preparation and proceedings of a court character, there are a number of instances in which your rights can be compromised. unkindly employers and insurance companies care small, if at all, about the wellbeing of injure employees. consequently, is it imperative mood to seek legal representation from an lawyer who does care about the future of your health and wellbeing .
Maritime Law as It Applies to Employers
Under general nautical police, transport owners are required to keep their vessels maintained per a sealed standard .
As the employer and owner, the vessel holder must preserve the guard and structure of the embark in a way allow for all employees on dining table. Manning, equipping, and supplying the vessel are all key aspects of a ship owner ‘s duty per nautical law. subsequently, if an employee of the vessel becomes hurt or ill due to a embark ’ sulfur unseaworthiness, the owner will be held accountable for any passing .
Why Do I Need to Hire a Houston Maritime Injury Lawyer?
If you are not cook to consider litigation, you should still consult with an feel Texas nautical lawyer to discuss your claim. In many instances, your company may ask you to sign an agreement or release in rally for payment of unearned wages, maintenance, or checkup benefits. It is imperative that you have any documents you are given reviewed by a competent Houston nautical injury lawyer before signing thus you do not waive any of your rights to convalescence .
possibly the most important reason you need a lawyer is that employers and policy companies have teams of lawyers representing them. Their finish is to dispose of your claim vitamin a cheaply as potential. The entirely way to level the play field with your employer or the indemnity company is to have an experience lawyer representing your interests. As an injured employee, you are modern to the procedure, whereas your employer, his insurance company, and their attorneys deal with these cases on a even footing. It is critical to the consequence of your claim that you have a team who regularly handles nautical law claims .
Hire a Top-Rated Texas Maritime Accident Attorney for Your Case
An have nautical lawyer can review your case ‘s facts and determine your best legal options .
They will do this by examining the following:
- Your worker status at the time of injury
- The seaworthiness of the vessel you were working on
- The timeframe for bringing a claim
- All other factors that may have contributed to your injury
Another reason you may benefit from hiring a lawyer is that they know how to deal with offshore companies. On your own, you may feel like you have no hope. After all, you ‘re just one person, and your company is probably an established pot that knows how to handle wound cases .
There is no cause why you ca n’t have aggressive representation vitamin a well. You may feel as if any lawyer will do, but if you are an offshore worker, you and your company are bound to a specific set of laws called nautical law or admiralty jurisprudence. You need a lawyer who is well versed in this specific and specialize area of the law if you want to get the full sum of compensation that you are entitled to. Turn to us when you need the best .
Maritime Law FAQ
What’s a Maritime Attorney?
A maritime lawyer is a legal professional who focuses on helping those who have experienced injuries, accidents, and wrongful deaths caused by recreational and commercial nautical accidents. These incidents are governed by nautical law, which lays out particular roads to recovery for people who have been injured or lost sleep together ones on the water .
A competent Houston nautical lawyer will have a thorough agreement of how maritime law affects incidents in national and international waters, plus the commitment to see each case through to a successful result. Often, nautical wound cases require across-the-board investigations, a exhaustive cognition of laws that are hundreds of years previous, and the willingness to try cases in court. nautical companies are some of the most brawny in the populace, so having an know nautical lawyer is all-important to countering their tactics .
Do I Need to Hire a Maritime Injury Lawyer?
Yes, you likely need a nautical injury lawyer because laws governing offshore injuries can be complicated. Deciding whether to hire a nautical injury lawyer might seem like a intemperate decision. What you should know is this : if you were injured or lost a family member at ocean, there is no one who can defend your rights and help oneself you rebuild your life like a skilled maritime injury lawyer can. Your employer won ’ t have your back. Your love ones won ’ metric ton know how to help. It takes a brawny lawyer who knows the ins and outs of nautical injury cases to protect you .
importantly, hiring a maritime lawyer besides means having help from person who ‘ll seek the compensation you deserve quite than the compensation you ‘re offered. A nautical lawyer will investigate your case help make sure the other side is being fair. If they are n’t they ‘ll be prepared to fight for your recovery in court .
What Is a Maritime Injury?
A nautical injury may include any type of physical or psychological injury experienced at sea. Offshore workers, cruise ship passengers, crew members of fish vessels, and all others who are injured or lost while in U.S. or international waters may be considered to have suffered a nautical wound. These injuries are frequently severe and life-changing, warranting the participation of an lawyer who knows how to hold at-fault parties accountable under maritime injury police .
importantly, maritime injuries are n’t covered by typical onshore laws. For example, hurt nautical workers ca n’t file a workers ‘ recompense as onshore workers can. alternatively, they ‘ll need to use laws such as the LHWCA and Jones Act to seek recompense. In other instances, workers can use old maritime laws such as care and cure to secure needed compensation after an accident .
What Is Maritime Law?
Maritime law, besides known as admiralty law, governs seafaring and ship. Maritime police is one of the oldest sets of rules used to protect offshore workers before the Jones Act, Longshore and Harbor Workers ’ Compensation Act, and the Death on the High Seas act. It provides basic provisions that make sure workers are provided with maintenance and bring around after an wound .
Maritime law is complicated in partially due to how erstwhile it is. In fact, the Maritime Law Association of the United States was founded in 1899. Since nautical police is unique, those in need of legal aid should always look for attorneys who have know with it .
Is Maritime Law the Same Everywhere?
No, nautical police is not the like everywhere. Although the admiralty laws of many nations have common roots, those nations have since modified them with singular stipulations. For exercise, the Jones Act is a law that only applies to vessels flying the american flag .
What Is the Jones Act?
The Jones Act is a law that enables hurt maritime workers to secure the compensation they need for the full extent of their injuries. Before the Jones Act was passed in 1920, maritime workers injured by preventable accidents were n’t able to collect the full sum of compensation that they needed for their injuries. With the Jones Act, workers can recover losses such as medical bills, lost wages, the cost of future wish, and more .
What Is Maintenance & Cure?
sustenance and bring around describes the cost of support ( care ) and the medical expenses ( bring around ) that an offshore worker needs after an accident. For decades, maritime law has required vessel owners to ensure that hurt workers receive care and cure after sustaining an injury .
What Are Common Causes of Maritime Injuries?
common causes of nautical injuries are accidents that should have been prevented and were n’t. importantly, it ‘s the duty of vessel owners and employers to prevent these accidents and protect workers .
Maritime injuries are often caused by:
- Dangerous deck conditions
- Toxic exposure
- Explosions and fires
- Unseaworthy vessels
- Sailing in dangerous conditions
- Lack of safety training
- Enclosed spaces
- Falling objects
- Mechanical failures
- Slip and falls
What Should I Do After a Maritime Accident?
There are five things you should do after a maritime accident:
- Get the medical attention you need.
- Inform your employer about your injury.
- Compile all information about your accident, who saw it, and the circumstances
- Don’t sign any documents, answer any questions, or give any statements.
- Call a maritime lawyer.
You should always speak with a lawyer after a maritime accident to make certain your rights are being protected. A lawyer will listen to your fib, ask you questions, and help you decide what your options are at no cost. A reference with our maritime lawyers is loose and we ‘ve helped people in Texas, Louisiana, and across the nation recover after all types of offshore accidents .
What Type of Compensation Do I Qualify for After My Offshore Injuries?
This depends on what type of caper you were performing during your wound and what laws govern it. Some workers will be entitled to compensation under the Jones Act while others might qualify for recovery with the Longshore and Harbor Workers ’ Compensation Act. Defining what workers qualify for aid from these laws is not always simple. Speaking with our offshore injury lawyers during a free reference is the best way to discover your options .
What If I Can’t Afford a Maritime Attorney?
The correctly maritime law firm will help you afford their services. Injured nautical workers are frequently facing difficult fiscal circumstances and need to have special fiscal arrangements made with their nautical lawyers. For exercise, Arnold & Itkin LLP works on a eventuality fee basis—meaning we cover all costs of a case and do n’t collect payment unless we win it. Besides taking on the fiscal charge of a character ‘s fees and fact-finding costs, our tauten has helped our clients get the medical care they need as their trial progresses .
What Are The Differences Between Maritime Law and Ordinary Law?
In many ways, there is little deviation between how nautical law is handled and how average law is handled. however, some meaningful differences exist, but those differences exist more then in the court preferably than the meaty law itself. For example, there is no correct to a jury trial when an admiralty action is brought in an admiralty court. significant to remember though, the entirely cases that must be brought in federal admiralty court are those enforcing a nautical spleen, foreclosure on a prefer transport mortgage, limit of the vessel owner ’ randomness liability, and any proceeding where the transport itself is being sued .
Is Maritime Law The Same as The Law of the Sea?
Maritime law is not the lapp as the law of the sea. Maritime law is United States police that governs incidents on navigable waters. The law of the ocean is chiefly based on external treatises and agreements that govern how nations interact with one another on matters that involve the high seas. For model, the police of the sea governs countries ’ legal power over coastal waters, ownership of lifelike resources, and navigational rights .
What Does a Maritime Lawyer Do?
maritime lawyers handle cases involving marine vessels, ocean crafts, offshore oil rigs, and seaport workers. Because of the nuanced jurisprudence involving injuries or contract disputes pertaining to shipping or activities on navigable waters, experienced maritime attorneys are critical to bringing a successful title. A maritime lawyer must understand federal law, department of state jurisprudence, the complexities of nautical insurance, and many early shipping and offshore drill diligence specifics. This is a highly complicated field of police, making it all-important to involve an experienced maritime lawyer .
When has Maritime Law Been Applied?
The most ill-famed application of maritime law may be the Deepwater Horizon disaster, where 11 crew members were killed and many more injure. A federal zone court held, among other things, that admiralty legal power was present because the alleged torts occurred upon the navigable waters of the Gulf of Mexico, and the Outer Continental Shelf Lands Act legal power was show because the casualties occurred in the context of exploration or production of minerals in the Outer Continental Shelf. When Arnold & Itkin handled many of the crew ’ s claims, it was critical they were well versed in nautical law.
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Our Texas Maritime Lawyers Can Help: Call ( 888 ) 493-1629!
At Arnold & Itkin, we have seen all excessively much how maritime injuries occur not alone in the Gulf of Mexico but besides in our inland waterways and around the ball. For this argue, we remain wholly committed to helping hurt workers and their families recover barely compensation. We believe what we do is about more than just money. We work indefatigably to see that our clients recover not entirely financially, but physically, emotionally, and mentally .
Our team is dedicated to helping people and families who have suffered from life-changing injuries recover the compensation they need for past, current, and future costs. Armed with years of experience, we have a unique position in our approach, and we can work toward helping our clients receive the compensation that they need to pay for the long-run costs .
If you believe you have a case that falls under maritime law, contact our firm. During your free consultation, you can get your questions answered and learn how we can help .