Individuals who have suffered a personal injury at sea may have questions about their options. Every maritime law case is different but you may be able to recover compensation for injuries and property damage if negligence has been involved on the part of the vessel owner.
A: Maritime and Admiralty law is as old as recorded history and regulates the relationships between ship owners, passengers, crew, and cargo owners involved in commerce. Maritime and admiralty law today has expanded to encompass everything from jet ski accidents to oil tanker collisions and slip and falls aboard a cruise ship or yacht. A personal injury that occurs while near a dock or pier also falls under maritime and admiralty law.
A: The Jones Act was passed by Congress in 1920 to allow workers at sea to recover damages for their injuries. It covers workers such as seamen, commercial fishing vessel workers, oil and gas rig employees, officers, and cruise ship workers. Benefits that can be obtained include “maintenance and cure” or a daily salary, and access to medical care. Workers’ compensation used by land-based employers to cover injuries among employees, does not apply to seamen working on a ship.
Our law firm can help you prove your injury was caused by the negligence of the ship owner or due to the ship being unseaworthy. We can help answer the technical questions that will guide you through establishing negligence which is crucial to a successful recovery under the Jones Act.
A: Millions of people enjoy cruises every year and for the vast majority of folks, cruising is a fun pastime. However, if you or a loved one is involved in an accident onboard a cruise liner, you should know your rights and remedies. Remember the cruise industry is in it for profit. On the back of your ticket in small print, you’ll find the limitations to your remedies which have been dictated by the cruise industry.
You have a limited time to file a claim. The cruise industry also has designated where the suit can be filed. That means if you live in another state, you likely will have to return to Miami, Florida to pursue a personal injury claim. In addition, since most cruise ships are registered in a foreign country and its employees are citizens of another country, it becomes complicated to track down the individual who may have caused you harm. Doctors may be citizens of another country and many passengers have found there is no international standard for medical care on a cruise ship. An attorney representing you needs to know the specifics of admiralty and maritime law to properly represent your needs, not the cruise industry.
A: The Death on the High Seas Act (DOHSA) allows a spouse, child, or parent to make a claim if the death occurred beyond three miles from the shore. Wrongful death benefits can be sought if the employer is negligent or the vessel is unseaworthy. A Jacksonville boating accident attorney will need to aggressively fight for the rights of a lost family member against a big business that may not want to offer compensation. Early discovery in the case is crucial to the survivor’s ability to recover fair compensation.
A: Unsafe condition onboard a vessel would render it unseaworthy. That could include an operator who is unsafe in steering the vessel, the use of an inappropriate size or type of vessel for the job at hand, a vessel that contains unsafe or defective equipment or is undersupplied, to workers who have not received adequate training or too few for the job onboard the vessel which led to an injury.
A: If you are injured in a watercraft of any sort you may have to prove negligence on the part of the owner. Negligence means the operator failed to exhibit reasonable care or was negligent in the operation of the watercraft that caused the accident. As a result, you suffered damaged.
It is very important to collect any evidence or discovery before it disappears following your injury. Farah & Farah will work immediately to gather crucial evidence and important witnesses who will be necessary to your ability to recover fair compensation for your personal injury following a boating accident.