Maritime Personal Injury Law: Intensely Fact-Driven
Savannah, GA Maritime Injury Lawyers - Charleston, SC Maritime Injury Lawyers
Because of the many potentially applicable laws, remedies, and defenses that are available to all or some of the parties involved, maritime personal injury law is intensely fact-driven. One small difference in the facts as placed into the evidentiary record can create a large difference in the result, including if the worker may even bring a lawsuit in the first place.
One such seemingly unimportant difference may be seen in the example of a seriously injured shipyard worker seeking compensation beyond the typical federal workers’ compensation remedy allowed under the LHWCA.
General maritime law allows such a worker to bring a lawsuit to recover his full damages, including pain and suffering, against any vessel interest (owner, charterer, etc.) and other non-vessel third parties. 33 U.S.C. Sections 905(b) and 933.
Occasionally, the vessel interest is the employer itself. Such a lawsuit is called a dual capacity claim against the employer. The basic concept is that the employer wears two hats: one as the employer and the other as the vessel interest.
As insurance companies know, this fact-driven aspect of maritime personal injury law provides an advantage to the party - employer, vessel, or worker - who is able to gather reliable information quickly. Speed is critical.
Such information can be photographs, witness statements, accident reports, safety plans, deck logs, engine logs, pilot cards, production schedules, and similar items. Speed in gathering the information is vital. That is why, nine times out of ten, an insurance investigative file is open before our clients ever walk in the door.
The insurance companies already have armies of attorneys waiting in the wings.
If you have sustained a serious injury, you should seek competent legal counsel who can inform you about your rights.
Dredge Workers - Are you a Jones Act Seaman?
Representing Dredge Crews Since 1986
Contact Maritime Attorney Charles Raley at email@example.com
Do you have the considerable remedies allowed by the Jones Act at your disposal if you are injured? The United States Supreme Court has, over the past several years, ruled several times on the issue of seaman status.
To qualify as a Jones Act seaman:
A land-based worker’s connection to a vessel or an identifiable fleet of vessels cannot be substantial if based upon a series of casual, sporadic assignments for non-seagoing work aboard a general pool of vessels owned by different companies.
Do you qualify as a Jones Act seaman? Is arguing that your claim is a Jones Act claim the best way to protect your interests? We can help you find the answers to your questions.
Ports Where We Work
Our office is located in Savannah, GA, a bustling river city serving as the hub of a thriving coastal region.
Ports where we have served our clients include: