Understanding Maritime Accident Injury Claims In Louisiana

In this article, you will discover:

• The most common types of maritime injuries.
• The impact of filing a maritime injury claim.
• How worker’s compensation comes into play if you are a maritime worker.

What Are The Most Common Types Of Maritime Accidents That Occur?

Accidents at sea or maritime accidents can happen in various ways, ranging from two vessels colliding to someone being injured on board their vessel. Causes could include the ship’s unseaworthiness or the ship employees’ negligence.

Sometimes, things just happen, and negligence isn’t the cause of accidents at all. This is especially true in an industry with big machinery and moving parts. Often, many people are on board, and accidents, unfortunately, are very common.

What Are The Most Common Types Of Injuries Sustained In Maritime Accidents?

Maritime accident injuries include anything from spinal injuries to head injuries and beyond, similar to other accidents involving heavy equipment and machinery. Concussions, fires, and explosions are also known to occur. Someone can sustain a whole litany of injuries while working offshore.

Where Do I File A Maritime Injury Claim If The Vessel Was Out At Sea When I Was Injured?

Our firm recommends that you file a claim with the help of an experienced lawyer, as various circumstances can affect your claim. For instance, where the accident occurred and what type of injury you sustained all have an impact on whether the claim is filed in state or federal court. Most cases that occur in federal waters will be in federal court, and the nuances of federal court require a lawyer who is familiar with maritime law.

What Damages Can I Recover As A Jones Act Seaman?

If you’re an injured maritime worker under the Maritime Marine Act of 1920, which is also known as the Jones Act, you might be entitled to damages. You can recover many types of damages and you are not limited to any specific type of damage. You can potentially recover damages for anything you can prove occurred in or because of the accident.

Are All Maritime Workers Covered By The Jones Act?

While not all maritime workers are covered by the Jones Act, there is still a workers’ compensation rule under federal law where you can recover damages for wages and get medical treatment. However, you cannot recover all the damages you would as a Jones Act Seaman.

Damages categorized as general damages, such as pain and suffering and loss of enjoyment of life, may be recoverable. A larger amount of recovery is possible for Jones Act Seamen than for maritime workers.

Can I File A Lawsuit If A Loved One Died Working Offshore?

When it comes to filing lawsuits, there is a hierarchy of claimants under the classification of “loved one.” If the surviving loved one falls under a specific class, such as a surviving spouse or child, they can file a lawsuit. If there is no surviving spouse or children, a sibling can file, and if there are no siblings, a parent can file. The law clearly dictates who can make a claim and what damages they can recover.

If your loved one died in a maritime accident, you should reach out to an attorney. They can best guide you through understanding what your rights are and help you in trying to recover from your loss.

For more information on Maritime Accident Injury Claims In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (337) 324-9293 today.

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