Maritime law is different from personal injury law because when a ship is on the sea, it is ruled by federal laws. Personal injury laws are typically decided by states, with a few exceptions.
Maritime law is a distinct body of laws that govern activities and incidents occurring on navigable waters.
While the practices overlap when maritime injuries happen, maritime cases require specialized knowledge that general personal injury lawyers may lack. Working with a Louisiana maritime injury lawyer can be extremely helpful with these complex claims.
Personal Injury vs. Maritime Law
In general, each state has rules for holding a person responsible if they cause an accident and injuries. This is personal injury law.
However, other than the Jones Act, there are very few codified statutes under maritime law. Maritime law is, instead, a collection of case law and precedent used to litigate current claims.
This makes it somewhat challenging to navigate these cases. A personal injury lawyer may not have the necessary knowledge of maritime law unless they regularly handle this type of case. It is important to choose an attorney who understands maritime law when pursuing justice and compensation.
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.
ClientThe Differences Between Maritime Law and Personal Injury Law
While Maritime law intersects with personal injury law in certain cases involving accidents on boats or vessels, there are some key differences.
Jurisdiction
Personal injury claims arising on land typically fall under state court jurisdiction. However, maritime cases are governed by federal admiralty laws and regulations and are heard in federal courts. This includes the Jones Act for offshore injuries to sailors/seamen.
Locations Covered
General personal injury law applies to injuries occurring on properties, roads, and other land-based areas within a state’s borders. Maritime law typically covers those who have been hurt on ships, oil rigs, docks, piers, and all navigable waterways used for maritime commerce.
Types of Cases
Most personal injury cases involve accidents like slip-and-falls, car crashes, defective products, premises liability, etc. Maritime cases frequently involve boat collisions, crew member injuries, cargo accidents, unseaworthy vessels, etc.
Statutes of Limitations
The time limits to file injury claims can differ between admiralty/maritime cases and general lawsuits. The deadline is usually three years for most maritime law claims.
Damages Recoverable
Both allow compensation for economic damages like medical costs and lost income, as well as non-economic damages like pain and suffering. However, maritime law has unique remedies, including maintenance and cure payments.
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 | ClientFiling a Claim Under Maritime Law
Maritime law lets injured workers pursue compensation and benefits through claims and lawsuits the same way a state’s personal injury laws would if a person suffered harm in a car accident or fall incident. Maritime laws are necessary when an accident occurrs on open water, in a U.S. port, or in another location not covered by state civil codes.
A maritime lawyer from our team will know how to gather the necessary evidence to prove your case and navigate the claims process. This could vary depending on the parts of maritime law they use to seek and possibly secure compensation on your behalf.
It may be possible to reach a payout in your maritime law case without filing a lawsuit or going to court. Companies and shipowners might have liability insurance that covers the expenses and losses you incurred, as well as other recoverable damages.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientSeamen do Not Qualify for Workers’ Compensation Coverage
When workers in the United States get hurt, they often qualify for workers’ compensation benefits. However, since state laws do not cover seamen, they do not have this coverage to fall back on. Instead, those working on seafaring vessels need maritime law to provide them with options.
Using the Jones Act to Seek Compensation
Under 46 U.S. Code §30104, a part of the Jones Act, seamen can pursue a claim or lawsuit against their employer who caused their accident and injuries. They will need to prove their employer’s negligence contributed to their injuries.
Claiming Compensation for Unseaworthiness
In some cases, an offshore worker may instead prove the Jones Act vessel was not seaworthy and hold the vessel owner strictly liable. This is possible under the common law doctrine of unseaworthiness. It may be possible to pursue claims under both of these options.
Claiming Compensation Through Maintenance and Cure
The third option for pursuing compensation and benefits is through maintenance and cure. This could allow seamen to recover medical expenses and lost wages while receiving treatment and healing.
Our Louisiana Jones Act lawyers can help you determine the best course of action and fight for your right to fair compensation.
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.
ClientTaking Action in Your Case Based on Maritime Law
While there are three primary ways to take action and seek compensation and benefits after an offshore accident, there are many considerations to determine which of these applies in your case and what is needed to secure a payout successfully.
You can learn more about the differences between maritime law and personal injury law during a consultation with a maritime attorney. Our law firm provides free initial case reviews to talk to a team member about your legal options based on the details of what happened and the harm you suffered.
Statute of Limitations on Maritime Law
There is a statute of limitations on legal action under the Jones Act. This is generally three years under 46 U.S. Code §30106. However, there may be exceptions.
Your best option is to seek legal advice from a maritime lawyer.
Contact a Maritime Injury Law Firm Today
At Laborde Earles, we have the information you need whether your accident involves personal injury law or maritime law. We have been helping injured people in Louisiana for decades in both types of claims.
Find out more about how we can help you understand your options for seeking medical care coverage, lost wages, pain and suffering, and more. There is no risk to call; we offer a free consultation, and we work on a contingency fee basis. Contact us today.
