An Overview of the Jones Act
When most people get hurt on the job, they can file a worker’s compensation claim to receive medical services, some of their lost income, and other financial recoveries. Maritime workers in Louisiana cannot apply for worker’s compensation, but they could apply for assistance under the Jones Act.
Maritime workers can sue their employers directly under the Jones Act. You can work with a maritime amputation injury attorney in New Iberia, LA, if you are thinking about suing your boss. They will almost certainly hire a legal team to defend against your claim. You do not want to take them on by yourself.
Some people mistakenly think only offshore workers have the protection of the Jones Act, but that is not the case. If your job usually requires you to work on or around maritime vessels that travel over oceans, lakes, rivers, or other navigable waters, you likely qualify as a “seaman” who falls under the protection of the Jones Act.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhat Is an Amputation Injury?
Johns Hopkins Medicine explains that amputation is “the loss or removal of a body part such as a finger, toe, hand, foot, arm or leg.” An amputation could change how you work, interact with others, move, perform everyday functions, and live independently.
Some people assume that once the body part is severed, there is no more pain or discomfort, but that is an incorrect assumption. According to Johns Hopkins, people who have suffered amputation continue to endure pain. Also, the phantom limb phenomenon is real. Emotional trauma is another challenge that amputation patients could face.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLouisiana’s Statute of Limitations
If you choose to proceed with a lawsuit against the at-fault party for your New Iberia maritime amputation injury, you will need to do so relatively quickly. You do not want to wait until right before the filing deadline because it takes time for a lawyer to investigate the accident that caused your amputation and draft the paperwork for court.
In Louisiana, you generally have only one year from the accident date under CC Art. 3492 to file a personal injury lawsuit. Also, if your close relative died from a maritime accident, you must file the wrongful death lawsuit within one year from their death date, per CC Art. 2315.2. Our offshore amputation injury lawyer will advise you of your case’s timelines and deadlines once they review it. They also will file your case on time.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientRecoverable Damages in Maritime Amputation Accidents in New Iberia, LA
We will need to talk to you and investigate your maritime amputation accident before we can determine the financial value of your injury case, but it can help to understand the types of recoverable damages that people often pursue in similar injury cases.
A few of the categories of money damages in cases like these include:
- Lost income. If you did not get paid your regular earnings when you could not work because of your injuries, you could seek that lost income. You could also recover future lost earnings if your amputation means you can’t earn as much money as before.
- Medical expenses for the treatment needed for your wounds. This category can include ambulance service, medical helicopter use, trauma center or emergency room, surgery, blood transfusions, physical therapy, doctors, hospital stays or visits, prescription drugs, pain management, and prosthetic devices.
- Pain and suffering damages. These losses are in addition to getting your medical bills paid by the at-fault party. This category includes compensation for your physical discomfort and emotional distress.
- Other intangible losses. Damages in this category can include disfigurement from the amputation and scars, chronic anxiety and depression, and loss of enjoyment of life.
You can tell our New Iberia maritime amputation injury lawyer about the losses you have suffered from the accident. They will advise you of the damages you could pursue as well as how much financial recovery you could receive.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientContingency Fees in New Iberia Amputation Cases
You don’t have to pass up your chance to hire legal representation if you are concerned that you don’t have enough money. You will not have to pay us upfront legal fees to handle your New Iberia maritime amputation injury case. Instead, we receive a portion of your settlement or court award as our legal fees when your case concludes. Also, with our strict no-fee guarantee, if you do not win, you do not owe us any attorney fees. It really is that simple.
Establishing Liability for a Maritime Amputation Accident in New Iberia, LA
If you would like to proceed against the at-fault party who caused your maritime amputation accident under the legal theory of negligence, you will need to prove all four of these elements:
- The defendant owed you a duty of care. Let’s say you are suing your employer. Louisiana employers must provide a safe workplace for their employees.
- The defendant breached their duty of care. Your boss failed to maintain equipment in a safe working condition. Failing to live up to the standard of a legal duty of care is negligence.
- Causation. Because of the poor maintenance of the equipment, there was an explosion near you on the Maritime vessel. The negligent maintenance of equipment caused the accident.
- Quantifiable damages. Usually, you must have measurable losses to proceed in a personal injury case based on negligence. You lost a body part in the explosion. Physical injuries satisfy the requirement of quantifiable damages.
If we can prove all four of these elements to establish liability against the defendant, we can pursue compensation for your losses. You can work with an offshore amputation injury lawyer who will collect evidence to support your case.
Call Us Today About Your New Iberia Amputation Injury Case – Our Attorney Can Help
Laborde Earles Injury Lawyers can help you whether you decide to pursue a claim under the Jones Act or you prefer to file a lawsuit. We have more than 350 years of combined personal experience at our firm and recovered millions for our clients. People call us the “Louisiana Attorneys That Care” because we treat them like family.
Please feel free to reach out to us today. A marine amputation injury lawyer in New Iberia, Louisiana, could help you with an injury case. We offer a free initial consultation with no obligation.
