Anyone injured on a boat or a ship should speak immediately to a Louisiana admiralty attorney who specializes in maritime and admiralty law and protecting the rights of injury victims. Most personal injury lawyers never have to incorporate maritime and admiralty law into their practices, whereas Louisiana admiralty attorneys spend their careers practicing at the intersection of personal injury law, admiralty, and maritime law — putting them in the perfect place to advocate for those injured at sea.
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Generally, admiralty and maritime law refers to the body of law — civil, public, and private — that governs sea-going vessels and their owners, seamen, passengers, and cargo. In the United States, admiralty and maritime law includes:
Because Congress recognized international shipping and a healthy seafood industry as particularly dangerous forms of employment that remain vital to a strong national economy, it passed the Jones Act in 1920 and the Longshore Act in 1927 to improve on nascent state-based workers’ compensation schemes. The acts entitle people injured while employed on sea-going vessels or as harbor workers to more generous benefits than ordinary workers’ compensation. If injured under such circumstances, you need a practiced admiralty lawyer to ensure you receive maximum compensation.
Every job has its risks: even “safe” jobs like working as a typist can lead to severe repetitive motion injuries. But working at sea, as part of the United States Merchant Marine, can be particularly dangerous. Sailors, seamen, and professional fishermen put themselves at particular risk of the following:
Congress long ago recognized the importance of a robust merchant marine. In 1920, in addition to protecting the U.S. marine industry, Congress enacted laws to protect seamen working in that industry-the Jones Act.
General maritime law — not specific statutes — protects cruise passengers and other passengers on ocean-going vessels. Unless specified differently by the cruise or charter operator, federal law creates a fairly generous three-year statute of limitations in which injured passengers must bring suit, and defines the scope of the vessel owner or operator’s responsibility. If injured as a passenger, you need the assistance of a skilled admiralty attorney to make sure you file your claim on time and in the right court.
Although all lawyers are licensed to practice in all areas of law, passing the bar exam does not in fact qualify every lawyer to deal with issues of admiralty and maritime law. Modern statutes have modified a body of law that evolved from diverse sources over the past 2000 years. Admiralty lawyers know and understand this complexity and can help protect your rights.
Louisiana has a 397-mile coastline and 30,000 people employed offshore, in shipping, on oil rigs, and in the fishing industry. Regular maritime injuries, accidents, and sometimes deaths create an environment in which even lawyers without much experience in the field are tempted to hang out a shingle as admiralty attorneys. Do not be fooled: it takes an experienced admiralty lawyer to properly protect your rights.
If you work at sea and suffer an injury, contact an admiralty attorney in Louisiana immediately to help guarantee that your employer abides by Jones Act obligations. More than a simple workers’ compensation approach, the Jones Act requires your employer to pay wages and transportation while you remain at sea, even if you are too injured to work, and to pay the cost of room and lodging, maintenance and the cost of all medical treatments necessary to get you back to work cured or until you reach your maximum medical improvement.
Congress also wanted to put seamen and sailors in position to force vessel owners and operators to maintain safe vessels and well-conditioned equipment. As a result, maritime injury attorneys in Louisiana can help you sue your employer for negligence or for unseaworthiness. If your employer permitted even the slightest negligence, or allowed either ship or crew to go to work while unfit for their duties, you may receive a large cash settlement or verdict under the Jones Act.
At the Gaar Law Firm, in Lafayette, we have more than four decades’ combined experience representing sailors and seamen in Louisiana. Admiralty and maritime law is one of our prime areas of specialization, and we have a long history of successfully representing injured seamen. Contact us today for a free consultation.
Learn how Gaar Law Firm can protect your interests and secure the best possible outcome. Schedule your free case review now.
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