Maritime law and maritime attorneys

Posted on May 22 2021 - 4:13am by Editor

Maritime law covers a wide range of injuries that occur at or near the sea. However, some damages are not catered for under marine law. Before seeking the services of a maritime lawyer, it’s essential to know whether you have a case that falls under maritime law. Just because you got an injury at or near the sea doesn’t mean you have a maritime case.

Maritime law

Who is a maritime lawyer?

A maritime lawyer specializes in laws that involve navigable waters. Any attorney must have a law degree as well as pass the bar exam. Moreover, a marine lawyer specializes in issues concerning maritime law.

Maritime law, also known as admiralty law, is older than the constitution. It relates to commerce and navigation passable waters. Maritime law generally encompasses both local U.S. laws and international laws. These laws outline the rules that govern torts, contracts, injuries, and any offense that occurs near navigable water or in navigable water.

Maritime lawyers specialize in boating accidents in commercial and recreational marine activities and maritime injuries. A maritime lawyer protects seamen who are injured on the job and protect victims of recreational boating accident injuries.

What Does A Maritime Lawyer Do?

A maritime lawyer can represent people in court or settlement negotiations. A maritime lawyer can represent you if your boat causes damages or the victim of a situation covered by maritime law.

When Do You require a Maritime attorney?

Depending on where your case happens and how it impacts your business on the sea, you may or may not be covered in admiralty jurisdiction.

A maritime lawyer can assist in knowing whether maritime law applies to your situation.

Some common reasons people require a maritime attorney include:

  • Pollution: if Your vessel spills waste into the water
  • Boat crashes: if your ship cashes with another person’s vessel
  • Injuries: if You injure someone or get injured due to a crash on water
  • Dock incidents: if your boat hits a dock or another party’s boat hits your dock

A maritime lawyer has the necessary experience and knowledge about maritime laws and can significantly assist you in the circumstances mentioned above.

Types of Maritime Claims

Maritime Claims are those involving negligence, injury, and death.

Personal Injury or Wrongful Death or in Maritime Law

Workers’ compensation laws for employees on land do not apply to workers aboard a sea vessel. Federal regulations govern claims for personal injury or wrongful death to:

  • Seamen
  • Passengers
  • Longshoremen

Compensation claims for a maritime injury

A maritime injury claim is similar to a workers’ compensation claim; the only difference is that a marine injury settlement tends to be larger by comparison because working on sea vessels is riskier than working in many other areas. If you got maritime injury on the line of duty and qualified as a seaman, you can be paid for the following;

  • Healthcare costs
  • Loss of future and present income
  • Loss of both your mental and physical faculties
  • Any treatments or rehabilitation
  • Pain
  • Mental distress
  • Other expenses as they relate to your injury.

Negligence 

Cases involving employer’s or employee’s negligence fall under the Jones Act. Under this Act, the employee is covered against:

  • Lost earning capacity
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Mental anguish

What should you consider when choosing a maritime lawyer?

Determining a marine attorney needs consideration of several factors. The factors include:

  • The legal work or legal claim required
  • Relationship of your business to the case.
  • The cause of an accident, such as defective products, boating accident, work-related injury, or lack of vessel maintenance.
  • The status of the victim; Whether a maritime employee or maritime worker

Maritime lawyers know the intrigues of marine law. You should always seek the services of an experienced maritime lawyer when traveling through international waters or any other situations that fall under maritime law.