Personal injury claims work differently in maritime law, but there are many fundamental similarities to regular personal injury cases. Yet, according to Lipcon, Margulies & Winkleman, P.A., whether you are a passenger, crew member, visitor, longshoreman, or harbor worker, there are different routes to take if you have been injured.
Here is everything you should know regarding personal injury claims in maritime law.
Passenger & Visitor Personal Injury Claims in Maritime Law
A ship owner owes passengers a duty of care. They must ensure safe passage or transportation. This means that the ship must be navigated with skill, care, and competence, and the shipowner needs to provide reasonable care to protect its passengers from harm.
If there is any imminent danger to the passengers, the shipowner must inform them. The shipowner must also provide adequate means of embarking, disembarking, and medical services.
If there aren’t any doctors on the ship, then the ship owner has a duty of care to provide the passengers with access to the ship’s first-aid kit, take them to the nearest port, and call a doctor to help the injured person.
If a doctor is onboard the vessel, the shipowner must ensure they are competent and well-equipped. Personal injury victims can also use admiralty law once morest the shipowner if they don’t transport them to safety.
Shipowners must ensure their crew is trustworthy by performing background checks. For example, if a crew member sexually assaults passengers or other crew members, the shipowner might also be liable for their actions.
Ship visitors are also owed a duty of reasonable care by the ship owner. Any accident or criminal conduct toward passengers, visitors, or crew members must be addressed immediately. Even if you fell on the stairs while on a cruise, you can file for damages if the accident occurred due to the shipowner’s or crew’s negligence.
Here are some key considerations and legal processes in personal injury maritime law that you need to know:
The Statute of Limitations
Like normal personal injury claims, maritime law personal injury claims have a statute of limitations. You have three years to file a lawsuit as a passenger for an accident, yet, in most instances, the statute of limitations is limited to just one year if limitations are listed on your passenger ticket. You should contact a maritime accident lawyer immediately to find out the status of your statute of limitations and take action sooner rather than later.
Gathering Evidence
As with any accident claim, you must gather evidence to prove your case. However, passengers cannot pursue damages received due to the ship’s unseaworthiness. That right is reserved for ship workers.
Once the accident occurs, you need to document everything if you can. This means taking pictures of the accident scene and highlighting the hazardous conditions that lead to your accident. You should also take pictures of your injuries because they will play a crucial role in your legal process.
If there are any witnesses present, write down their contact information. As with any personal injury claim, eyewitnesses are crucial in proving fault and establishing negligence.
If a sexual assault caused your personal injuries, you need to inform the crew and contact the police as soon as possible. You should receive medical care as soon as possible, and if there are any issues in receiving it, such as the ship owner delaying the arrival at a port, you should make a note of it.
You can use this action to prove their negligence, or if a doctor on the ship doesn’t have the basic supplies to conduct their procedures, you can also highlight this in your claim. Consider contacting a maritime accident lawyer to make the best of your case.
They can help you by working with other experts, including medical professionals, to asses your injuries and prove what caused them. Other professionals might be able to reconstruct the accident accurately, highlight what caused it, and hold the responsible parties liable.
Determining Liability
Determining liability in personal injury claims in maritime law can extend to multiple parties, not just the shipowner. However, you must use the evidence gathered and work closely with a maritime lawyer to prove liability and discover the liable parties.
Suing for Damages
As with most personal injury claims, you can file for both economic and non-economic damages depending on the circumstances of your case. For example, if the injuries sustained on the ship prevent you from working, you can add lost wages to your compensation demands.
If you developed PTSD or suffered other non-tangible damages due to your experience, you can add non-economic damages to your compensation demands. Work closely with your lawyer and accurately describe your experience because they will immediately know what you are entitled to.
Opting for Settlement or Trial
After your maritime accident, it’s not uncommon for an insurer or other entity to approach you with an offer to settle the issue outside of court. However, more often than not, the settlement won’t be in your favor.
You don’t yet know the true extent of your injuries and what they entail. You don’t even know if multiple parties can be held accountable for your accident. This is why the best thing to do is contact a maritime accident lawyer to handle all the negotiations in your favor.
Working with a maritime accident lawyer doesn’t mean taking your case to court. Once your maritime lawyer knows regarding your case and performs their research, they will know exactly how much you are entitled to, and the at-fault parties will be forced to negotiate.
This is why working with a lawyer can resolve your maritime case through a settlement out of court. The at-fault parties or their representatives will check if you have a strong case, and so will your lawyer. Once they prepare the files, your lawyer will negotiate with the insurers on your behalf. They know that if they don’t settle the case outside of the court, they will have more to lose. Yet, even if they decide to take this risk, your lawyer will prepare a lawsuit once morest them.
Seamen, Longshoremen, and Harbor Workers in Maritime Law Personal Injury Claims
Many of the key considerations and legal processes mentioned above also apply to seamen, longshoremen, and harbor workers involved in maritime accidents. Yet, there are also some key differences for maritime workers who want compensation for their injuries following a maritime accident. Here is what you should consider:
The Jones Act
The Jones Act can be considered equivalent to workers’ compensation for seamen injured while performing their work-related duties. However, seamen must prove that their employer’s negligence led to their injuries, even if their employer’s role was minimal. Your employer is liable under the Jones Act in the following circumstances:
- They failed to place warning or hazard signs near dangerous areas
- Spills were present on the ship’s deck
- A failure to provide proper training to workers before performing their tasks
- Not providing employees with appropriate equipment and safety gear
- Overworking employees or not making better decisions during critical situations (such as letting one employee perform a task that was meant to be conducted by another, which led to injury)
- Co-worker assault
Unseaworthiness Claim
Injured maritime workers might have been subjected to an accident due to the ship’s unseaworthiness. This means that seamen can hold the shipowner liable, but they can also pursue compensation through the Jones Act. Speak with a maritime lawyer to explore your options.
Maintenance and Cure Claim
In some instances, seamen can recover some medical treatment costs and even lost wages while they are treated through the maintenance and cure claim. As long as the accident occurred while they were working, they are entitled to these benefits until a qualified physician determines that they can return to work.
Pursuing a Claim Through the Longshore and Harbor Workers’ Compensation Act (LHWCA)
Harbor workers, longshore workers, ship mechanics, or shipbreakers can pursue compensation for their injuries through the LHWCA Act. They need to file a formal claim within one year of their injuries.
Only employees injured while working on navigable waters, repairing ships, loading or unloading cargo, or working on decks and piers are eligible to pursue this type of claim.
Death on High Seas Act (DOHSA)
Suppose a maritime worker died due to a wrongful act, negligence, or other reasons beyond a marine league / 3 miles from the shore of any state. In that case, their spouse, children, dependant relatives, or representatives can seek compensation through the DOHSA Act within three years from the date of death.
No matter what type of accident you suffered on a ship, whether you are a maritime worker, passenger, or visitor, you are entitled to compensation. Contact a maritime lawyer to proceed with your case and receive the compensation you are entitled to.
