Maritime accidents result in various injuries, property damage, and sometimes death. However, when accidents occur, victims may also encounter legal issues regarding their accident claims.
This is why maritime accident victims should always consult with a maritime accident lawyer before pursuing their claim. Even if they already prepared for their case, consulting with a lawyer can help them navigate the process more easily. In many instances, you will also discover that you are entitled to more than you expect. Here are some common legal issues in maritime accident claims.
Determining Liability
Regardless of whether you are a seafarer or a passenger on a ship, determining liability in your maritime accident claim isn’t always straightforward. In some instances, there might be more than one responsible party, meaning you might miss complete compensation if you don’t file a claim against all the liable parties.
Determining liability means finding out if negligence was the cause of your injuries. This way, you can pursue economic and non-economic damages against the at-fault parties.
Damages and Jurisdiction
Determining which court has jurisdiction over a maritime accident claim can be challenging. Where the accident occurred, where the responsible parties are located, and what type of claim you pursue play a role in determining jurisdiction.
Fortunately, maritime accident lawyers can help you pursue a claim no matter where it occurred, but another challenge you might face in your claim is establishing damages. Insurers will likely try to offer you a low settlement amount for your injuries, and you may not be able to receive compensation for non-economic damages. But this is where your lawyer will outline exactly what you are entitled to and what sort of claims you can pursue while negotiating in your best interest with insurers.
The Complexity of Maritime Law
The complexity of maritime law can easily overwhelm anyone pursuing a claim, and victims might lose precious time pursuing a claim that isn’t advantageous to them, or they might not know that they can file different types of claims depending on the circumstances of their case.
For instance, the Jones Act is the best claim to pursue if you are a ship worker, while if you are a harbor worker, longshoreman, or shipyard worker, then you should use the Longshore and Harbor Workers Compensation Act to your advantage. Suppose multiple parties are responsible for your injuries, or you are a passenger. In that case, pursuing a claim through a personal injury lawsuit against the at-fault parties is your best bet.
In some instances, ship owners can use the Limitation of Liability Act to limit their liability, and there are other legal issues you can encounter during your maritime accident claim. Yet, what is important for you is to heal and receive justice and compensation for your injuries and to do this without worrying about all the paperwork and legal strategies. Contact an accident maritime lawyer to help you receive the benefits you are entitled to.
