Commonly Asked Questions About Maritime Accidents

• How do I know if I have a maritime injury case?

  To learn if you do indeed have a maritime injury case, the first step is to get in touch with a maritime injury lawyer. In general, you and your maritime injury attorney will have to prove three things in order to recover in a personal injury case: that you suffered damages, that the defendant was negligent, and that the defendant’s negligence caused your damages. Even if you have a valid claim, though, your maritime injury attorney will have to investigate whether or not you would be able to collect on your claim. If the other party does not have insurance or other assets, then it may be that you have a valid claim but will not be able to collect on it.

• How do I choose the right maritime injury lawyer?

  First, look for a law firm with experience working with and winning the kind of case you will be pursuing. Some maritime injury lawyers have never seen the inside of a courtroom. The insurance companies know this and don’t want fair settlements. At The Ammons Law Firm, our maritime injury lawyers have a record of winning. Rob Ammons is board certified in personal injury law in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. He is individually rated “AV” by the Martindale Hubbell Law Directory, the directory’s highest rating. If you or a loved one has been injured in a maritime accident, call The Ammons Law Firm today for a free consultation.

• How much is my maritime injury case worth?

  The monetary value of your maritime injury claim depends on any number of issues. For instance, a case’s value is influenced by the nature and extent of your personal injuries; the amount of your medical bills, lost wages, property damage, and other financial losses; pain and suffering; and present and future disability. However, even taking these factors into consideration, there are significant differences in the amount of money a plaintiff can expect to actually collect. This is based on the amount of coverage offered by an insurance company or the assets of the defendant. Other factors influencing collection include any partial fault on the part of the injured person and the amount of time the victim(s) choose(s) to spend with litigation versus a quick settlement. There is no way for any maritime injury attorney to accurately predict the value of any personal injury case. However, an experienced maritime injury lawyer should be able to consider the particular factors that weigh into your case and give you an overall picture of what to expect in general terms.

• Why shouldn’t I just deal with the insurance company on my own?

  The primary goal of most insurance companies is to protect their bottom line, not your particular interests. The lifeblood of any insurance company is to take in as many premiums as they can while paying out as few claims as they can. Many insurance company employees are trained to minimize or deny your claim as quickly as possible. Representatives from insurance companies use a variety of tools to do this, sometimes even pretending to be on your side and wanting to help you get your claim resolved quickly. A good personal injury lawyer will negotiate with the insurance companies as your representative and either work with or against them depending on what your claim needs.

• Can I sue if I was injured working offshore?

  In some situations, yes. Offshore injury claims may arise under the Jones Act, general maritime law, or other federal statutes depending on the worker’s job, the vessel involved, and where the incident happened. A maritime injury attorney can review the facts and determine what legal options may be available.

• What is the Jones Act for injured workers?

  The Jones Act is a federal law that allows certain maritime workers to pursue a claim when negligence played a role in an on the job injury. It generally applies to seamen who have a substantial connection to a vessel in navigation. Whether a worker qualifies depends on the job duties and vessel relationship.

• Who qualifies as a seaman under maritime law?

  A worker may qualify as a seaman if the job contributes to the function or mission of a vessel and the worker has a substantial connection to that vessel or an identifiable fleet of vessels. Job title alone does not decide the issue. The legal analysis usually depends on the worker’s actual duties and work history.

• What should I do after an injury on a boat or offshore rig?

  An injured worker should report the incident, seek medical care, and make sure the event is documented as clearly as possible. Vessel logs, incident reports, photographs, witness information, and treatment records may all become important later. Early legal review may also be appropriate because maritime claims often depend on facts gathered soon after the accident.

• What does maritime law cover after an offshore injury?

  Maritime law may cover medical care, certain wage related losses, and other legal remedies depending on the type of worker and the law that applies. Some claims involve the Jones Act. Others may involve Maintenance and Cure, unseaworthiness, or federal compensation statutes. The available recovery depends on the worker’s status and the circumstances of the accident.