There are different types of maritime law claims, but the most common involve injuries sustained at sea. If you or a loved one are involved in an off-shore accident, you might be entitled to compensation. A Forked Island seaman injury lawyer from our firm can help you pursue compensation through an injury claim or lawsuit.
Common Maritime Accidents
Maritime accidents are often caused by human error or negligence. Examples include:
- Improperly loading cargo onto a ship
- Failure to follow proper procedures during a drill
- Working long hours without properly mandated breaks resulting in fatigue
- Improper maintenance of ships
- Slips and falls
- Not hiring enough crew for the required tasks
- Faulty machinery
- Poor training of crew members
Regardless of how minor these errors might seem, they can result in serious injuries or even death. Your attorney will help you determine whether you have a valid claim and what type of compensation you might be eligible to pursue.
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Common Seaman Injuries
Off-shore and even land-based maritime accidents happen frequently, and can all result in someone getting injured. Some of the common injuries we see in our work with seamen include:
- Burns (chemical or fire)
- Lacerations
- Concussions
- Broken bones
- Repetitive motion injuries
- Crushing injuries
- Head and neck injuries
- Spine injuries
- Back and shoulder injuries
- Hypothermia
- Amputations
- Death
If your loved one was a seaman who died from their injuries or as a result of a work accident, your attorney might be able to help you file a wrongful death claim. This claim differs from an injury claim and may allow you to gather more in damages to compensate you and your family for your terrible loss. A Forked Island seaman injury attorney can gently guide you through the legalities of this difficult time.
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The Jones Act
The Jones Act allows seamen to sue their employers if the employer’s negligence resulted in the seaman’s injury. For example, if your employer did not provide adequate safety equipment, you could be entitled to damages for your subsequent injuries.
However, to file under the Jones Act, you must meet certain requirements. To be considered a Jones Act seaman, you must work on a navigating vessel, contribute your efforts to the overall mission of the ship, and spend at least 30 percent of your working hours onboard.
A Forked Island seaman injury lawyer can determine if you qualify for the Jones Act, and help you seek damages for your seaman injuries.
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The Longshore & Harbor Workers’ Compensation Act
The Longshore & Harbor Workers’ Compensation Act (LHWCA) covers maritime workers who work on or near navigable waterways. This includes harbor workers, shipping terminal employees, shipbreakers, shipbuilders, and more. Injury claims under the LHWCA do not require any proof of negligence.
Statutes Of Limitations
Louisiana has what are known as statutes of limitations. This refers to deadlines involved in filing legal injury claims. These deadlines are taken very seriously and if you miss any of them you could be giving up any right to pursue compensation.
Under the Jones Act, you have up to three years to file your lawsuit, but only seven days to report the accident to your employer. This is a short window of time and one of the most important deadlines in a Jones Act claim. Under the LHWCA, you have up to one year to file your injury claim and up to 30 days to notify your employer. A Forked Island seaman injury lawyer can ensure you file within the time limits given.
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How Much Will a Forked Island Seaman Injury Lawyer Charge?
Other lawyers may charge hourly rates based on factors like how long the case takes to resolve, whether the client hires additional legal counsel, or how well the lawyer knows their field.
At Laborde Earles Injury Lawyers, we know that every dollar is important. We know that the aftermath of an off-shore accident can be an overwhelming time, physically, emotionally, and financially.
This is why our seaman injury lawyers don’t worry about hourly rates, retainers, or upfront fees. We work on a contingency basis. A contingency basis allows you to get the legal counsel you need without paying anything out of pocket. If we win or settle your case, we will take a small portion of your settlement package as our legal fee. If for some reason we lose the case, you don’t owe us anything.
How Can a Forked Island Lawyer Help?
Your lawyer can investigate your accident and find out who was responsible. They can gather evidence and talk to eyewitnesses. Your lawyer can act as an advocate for you and negotiate with the insurance adjuster and opposing counsel so you don’t have to.
Your lawyer can take all of your injuries and suffering into account and calculate an appropriate settlement amount. Your lawyer can keep you in the loop, providing solid legal counsel and advice, and keeping you updated on developments in your case.
Contact Laborde Earles Injury Lawyers Today!
If you or a loved one has been injured at sea, contact Laborde Earles Injury Lawyers right away. We can do all of the legal legwork so you can rest, recover from your injuries, and spend time with your family. Contact us today to schedule your free no-obligation case review.
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