If you have suffered an injury and are considering filing legal action to get your due, you may be wondering whether you will have to go to court for your maritime lawsuit. Research by the American Bar Association (ABA) revealed that only a few lawsuits end up at trial. Personal injury claims, such as a maritime injury lawsuit, can potentially be settled at any stage of the legal proceedings before or during a trial.
However, those looking for legal recourse and adequate compensation may need to be prepared to go all the way to trial if an out-of-court resolution is out of reach. A dedicated maritime lawyer from our firm can help you fight for a settlement or take your case to trial.
Damages Maritime Workers Could Recover
Since maritime laws differ from mainland personal injury laws, maritime workers may struggle to get what they deserve. However, there are rules and regulations in place that protect maritime workers and offer them the right to legal recourse and damages.
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Rights to Maintenance and Cure
Regardless of who is to blame for the accident, maritime workers are generally entitled to maintenance and cure when they are injured on the job. They should receive an income allowance and healthcare for the duration of their injury.
Lost Wages Under the Jones Act
Maritime workers are also generally entitled to lost wages and future lost wages if they suffer injuries due to an employer’s or another party’s negligence, in accordance with the Jones Act.
An injured seaman could have the opportunity to sue their employer or the owner of a vessel for additional compensation, including but not limited to:
- Emotional distress
- Pain and suffering
- Out-of-pocket expenses
- Loss of a limb or a sense such as hearing
- Permanent disability
- Scarring and disfigurement
Maritime employment can have its rewards, but it is certainly full of risks to a worker’s health and life. If you suffered an injury or if a loved one died while working in the maritime industry, you should speak to a maritime lawyer from our firm to find out how you may be able to recover the compensation you require. You may not have to go to court for your maritime injury lawsuit but should consider all options for seeking justice.
How Out-of-Court Settlements Work in Maritime Lawsuits
Maritime injury claims can begin with trying to recover a settlement from an at-fault party’s insurance company. In theory, the insurance company should offer you an adequate settlement covering your damages. However, trying to get a fair settlement for your injuries, expenses, and suffering can prove tricky since insurance adjusters typically aim to keep payouts as low as possible.
A dedicated maritime lawyer from our firm can work to recover an out-of-court settlement on your behalf. Your attorney will protect your legal rights fully and defend you from any insurance tactics designed to minimize a settlement, such as blaming your injury on pre-existing conditions or arguing that the accident happened due to your own carelessness.
Your lawyer knows what you may be entitled to under maritime law, and they will fight for what you may deserve. However, when it comes to settling a claim out of court, it takes two to tango, and if the other side stubbornly denies you fair compensation, a maritime injury lawyer from our firm will not hesitate to fight for your due in court.
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A Maritime Lawyer Can, and Will, Fight for You
With a passionate maritime lawyer from our firm by your side, you will not have to worry about going to court. Your lawyer can handle all aspects of your claim, including negotiating with insurance companies and filing legal action, all while you are free to recover and heal from your injuries.
Your attorney will look at all options for resolving your claim before it reaches trial. Although most personal injury claims never go to a trial, you should be prepared in case yours does. Your maritime lawyer can help you with:
- Analyzing the facts and circumstances of your maritime accident
- Identifying all negligent parties such as an employer, vessel owner, and others
- Gathering evidence to prove the negligence of the at-fault party
- Calculating your damages and estimating potential future damages
- Negotiating an out-of-court settlement with the relevant insurance companies
- Fighting for your rights at trial, if necessary
We have helped our clients get the compensation they deserve, like $5.5 million for an injured maritime worker and a $23 million judgment in a wrongful death case.
Why You Can Afford to Hire a Maritime Lawyer for Your Injury Claim
Whether you have to go to court for your maritime injury claim or a settlement can be reached out of court, it makes sense to work with an attorney. While you may think that lawyers are expensive, please realize that on personal injury cases like maritime accidents, we do not charge upfront legal fees. Instead, we enter into a contingency fee written agreement with our clients.
With a contingency fee arrangement, you do not pay any legal fees during the case. We receive a portion of the settlement proceeds or a jury award at the end of the matter. We only get paid when you win. The defendant’s insurance company has entire teams of claims adjusters, investigators, and defense lawyers representing them. It is only fair that you have someone on your side.
Three Things to Do After Getting Hurt in a Maritime Accident
We assume that you got medical treatment for your wounds immediately after the maritime accident. If you have not yet sought medical attention, you should do so at once. Some injuries do not exhibit detectable symptoms right away, even though they could cause irreparable harm or lead to a sudden medical crisis later.
You should always do what makes sense in your situation. Here are some suggestions of things you might want to consider doing after getting hurt in a maritime accident:
- Complete your medical treatment plan. If possible, you should finish everything that your treating doctor prescribed, like physical therapy. We understand that these things can be inconvenient, but usually, completing the treatment plan will give you the best chance of an optimal recuperation. Also, doing so will take away any argument that the defendant should pay you less money because you could have healed better by finishing the treatment.
- Talk to a maritime accident attorney as soon as possible. There are specific deadlines and rules that must get followed in these cases. Missing a deadline could cost you your right to compensation.
- Stay off of social media. It can be tempting to share what happened to you online, but doing so could backfire. The defendant could take your photographs and comments out of context and twist them into something you never intended. You might also want to ask your family and friends to refrain from posting anything about the accident or you on their accounts.
These are only a few suggestions that might be useful in your injury case. Your maritime injury attorney can provide additional guidance specific to your claim.
Check Out What Our Clients Say About Us
We have more than 1,900 Google reviews from our clients, with an average of five out of five stars for all of those testimonials. Here are a few examples of what our clients say about our legal services:
- “They helped me when the other party’s insurance wouldn’t answer my calls! They got the job done and efficiently!” – Lacey
- “The staff at Laborde & Earles is top notch. From the attorneys who handled my case (Kelby & Scott) to all the paralegals and other staff who assisted me with my case … all were awesome. Would highly recommend!!” – Kyle
Come find out for yourself why our clients rave about our work.
Call Our Attorneys for Help Now
Victims of maritime negligence may shy away from taking an employer or powerful vessel owner to court over their losses. However, you are not alone, and help is available.
Laborde Earles Injury Lawyers can stand up to powerful corporations and fight tirelessly to help you recover what you and your family may deserve. Contact us for your free consultation today.