Maritime Accident Lawyers

Maritime law applies to:

• Boating accidents caused by negligence
• Injury or death caused by defective or missing safety equipment
• Accidents such as falls that take place on a private or commercial ship
• Workplace injuries that happen on an industrial or commercial vessel

Consumers, workers, and private individuals all have options to recover compensation under Florida and American maritime law. In fact, because maritime law was crafted specifically to protect individuals from the additional dangers of negligence on the ocean, these statutes may grant you rights you would not have if you were injured on land.

Several key laws protect maritime workers and passengers:

The Jones Act

The Jones Act is crucial for seamen. It allows them to claim compensation for injuries caused by employer negligence. This law is a lifeline for injured maritime workers, ensuring they receive fair treatment and financial support.

Longshore and Harbor Workers' Compensation Act

This act extends protections to dockworkers and harbor workers not covered by the Jones Act. It ensures they receive medical care and compensation for injuries sustained on the job.

Death on the High Seas Act

This act provides compensation to families of those who die due to wrongful acts or negligence occurring on international waters. It's a critical law for protecting the rights of maritime workers’ families.

You can trust our attorneys to know the nuances of maritime law as they relate to your case. However, injury victims should be aware of the various statutes of limitations that may apply to their claims:

• 46 U.S. Code § 30106, the time limit on bringing maritime action for personal injury or death, requires lawsuits to be filed within 3 years of the accident unless otherwise specified.
• The Death on the High Seas Act gives families 3 years after the death of a loved one to bring a case. This act covers any death, including fatal aircraft crashes, that occurs three or more nautical miles away from national shores.
• The Jones Act grants maritime employees the right to file a suit within 3 years of sustaining or discovering an injury due to employer negligence.
• The Longshore and Harbor Workers’ Compensation Act requires injured employees to file workers’ compensation claims within 1 year of their injury. This deadline also applies to the families of deceased maritime workers.
• Companies like cruise lines can further restrict the amount of time consumers have to bring a case. Many require lawsuits to be filed within 1 year of the injury or less. 

Although Florida has a 4-year statute of limitations on personal injury claims, Florida does not have jurisdiction over any ocean waters, even those right off the coast. Your lawsuit must be filed within the statute of limitations set forth by maritime law or a court can legally dismiss it.

Injuries sustained in maritime accidents can vary widely in severity and type, often depending on the nature of the incident and the environment. Here are some of the most common injuries:

Physical Injuries:

• Broken Bones: These often occur due to falls or being struck by heavy equipment. The confined and sometimes slippery conditions on vessels increase the risk of such injuries.
• Head Injuries: These can range from mild concussions to severe traumatic brain injuries. They often result from falls, falling objects, or collisions.
• Spinal Cord Injuries: Accidents can lead to serious back and spinal cord injuries, which may result in partial or complete paralysis.
• Lacerations and Contusions: Sharp edges, machinery, and other equipment can cause deep cuts and bruises, sometimes leading to severe blood loss or infections.
• Burns: Fires and explosions, often resulting from equipment malfunctions or chemical spills, can cause serious burns.

Psychological Impact:

• Post-Traumatic Stress Disorder (PTSD): Witnessing or being involved in a traumatic event at sea can lead to PTSD, characterized by anxiety, flashbacks, and nightmares.
• Depression and Anxiety: The isolation of working at sea, combined with the stress of an accident, can contribute to mental health issues like depression and anxiety.

Specific Maritime Conditions:

• Hypothermia and Frostbite: Exposure to cold water and harsh weather conditions can lead to hypothermia and frostbite, especially in cases of man-overboard incidents.
• Decompression Sickness: Also known as "the bends," this can occur in divers and workers who are exposed to rapid changes in pressure, causing joint pain, dizziness, and in severe cases, paralysis or death.

These injuries not only impact the physical well-being of maritime workers but can also have long-term effects on their ability to work and their quality of life. Therefore, it's crucial to seek immediate medical attention and legal advice to ensure proper care and compensation.

What is a maritime accident lawyer?

A maritime accident lawyer specializes in legal cases related to injuries and accidents occurring at sea.

Why do I need a maritime accident lawyer?

They have the expertise to navigate complex maritime laws and help you get the compensation you deserve.

How much does a maritime accident lawyer cost?

Costs vary, but many work on a contingency fee basis, meaning you pay only if you win your case.

What compensation can I receive for a maritime injury?

Compensation can include medical expenses, lost wages, and pain and suffering.

How long do I have to file a maritime injury claim?

The timeframe varies depending on the specifics of your case and jurisdiction. Consulting a lawyer promptly is crucial.

What should I do immediately after a maritime accident?

Seek medical attention, report the incident, document everything, and contact a maritime accident lawyer.

Filing a maritime injury claim can be a complex process due to the unique aspects of maritime law. Here’s a step-by-step guide to help you navigate this process:

1. Consult a Maritime Accident Lawyer:

• Initial Consultation: Seek a lawyer who specializes in maritime law. They can provide valuable insights into your case and help you understand your rights and the compensation you may be entitled to.
• Case Evaluation: During the initial consultation, the lawyer will evaluate the specifics of your case, including the nature of the accident, the injuries sustained, and any potential negligence involved.

2. Gather Documentation:

• Medical Records: Obtain detailed medical records documenting your injuries, treatments, and any long-term prognosis.
• Accident Reports: Ensure that the accident is properly reported to your employer and obtain a copy of the report.
• Witness Statements: Collect statements from any witnesses to the accident. Their testimonies can be crucial in establishing the facts of the case.
• Photographic Evidence: Take photographs of the accident scene, your injuries, and any equipment involved. This visual evidence can support your claim.

3. File the Claim:

• Filing Process: Your lawyer will help you file the claim with the appropriate maritime authority or court. This may involve submitting forms and detailed documentation outlining the circumstances of the accident and the injuries sustained.
• Jones Act Claims: If you are a seaman, your lawyer will likely file a claim under the Jones Act, which allows injured seamen to sue their employers for negligence.
• Longshore and Harbor Workers' Compensation Act Claims: If you are a dockworker or harbor worker, your claim will be filed under this act, which provides compensation for injuries without needing to prove employer negligence.

4. Pursue Compensation:

• Negotiation: Your lawyer will negotiate with the employer’s insurance company or legal team to reach a fair settlement. This can include compensation for medical expenses, lost wages, pain and suffering, and any future medical costs.
• Litigation: If a fair settlement cannot be reached, your lawyer may take the case to court. This involves presenting evidence and arguments before a judge or jury to secure the compensation you deserve.

5. Follow-Up:

• Medical Follow-Up: Continue with all recommended medical treatments and follow-ups. Keep detailed records of all medical visits and treatments, as these are essential for your claim.
• Legal Updates: Stay in close contact with your lawyer for updates on your case. They will guide you through any additional steps and keep you informed of any developments.

Filing a maritime injury claim requires careful preparation and legal expertise. By following these steps and working with a specialized maritime accident lawyer, you can ensure that your rights are protected and you receive the compensation you need to recover and move forward.