Maritime lawyers specialize in maritime or admiralty law, governed by US federal statutes such as the Jones Act, Death on High Seas Act, and LHWCA (Longshore and Harbor Workers Compensation Act).
This article will discuss in detail the responsibilities of maritime injury accident attorneys and how they can help victims file a claim and get compensation. Read on!
Represent the Injured
Maritime injury lawyers represent sailors, seamen, fishermen, cruise employees, and dock workers injured on duty. Common injuries sustained by workers include:
- Slips and falls
- Accidental falling overboard a vessel
- Burns
- Drowning
- Spinal cord and brain injuries
- Hypothermia
- Dangerous exposure
They also represent passengers of recreational boats who have sustained injuries at a spot that is more than 9 nautical miles from shore.
Investigate Incidents
After an accident occurs, a maritime injury attorney collects the necessary evidence. They cross-check records, interview witnesses, and analyze the evidence to help clients get fair compensation.
An attorney will evaluate the workplace safety protocols to ensure they meet the required standards. In the investigation stage, a lawyer will check the victim’s medical records to determine the extent of the injuries.
File Insurance Claims
After gathering the evidence, an attorney is responsible for assisting victims in filing claims. They complete the required paperwork and ensure everything is submitted on time.
During this phase, an attorney should explain to the victims their legal rights as the law states. This ensures the injured party gets fair compensation.
Negotiate on Behalf of Clients
A lawyer negotiates with insurance companies to help victims get the compensation they deserve. The settlement process is a series of the following events:
- An attorney sends a demand letter including a breakdown of the requested settlement amount based on the policy limit.
- A conversation where the attorney and insurance adjuster discuss the requested settlement.
- After agreeing on a settlement, it is put in writing. An attorney should explain the details of the agreement to the client before they sign it.
Represent Victims in Court
If the attorney and insurance adjuster fail to reach an agreement, a maritime injury lawyer can represent the client in court. They prepare and present a compelling case to obtain a favorable judgment.
Legal proceedings take place in arbitration panels or federal courts. A good lawyer is skilled at cross-examining witnesses, presenting to the jury, and arguing within the scope of the law.
They should also offer legal advice by explaining the court proceedings to victims, informing them of new developments, and answering any questions.
Benefits of Hiring a Maritime Injury Lawyer
Insurance companies and adjusters often frustrate victims when following up on a settlement. A maritime injury lawyer will help you navigate these hurdles.
Here are some benefits of having an attorney by your side:
- They negotiate a better settlement since lawyers deeply understand maritime law.
- A lawyer assists in calculating the extent of a victim’s injuries. This includes future employment capacity and medical expenses.
- They can sue for negligence. In addition to the settlement, an attorney can sue a maritime company for unseaworthiness and unsafe working conditions that led to the injuries. However, victims are less likely to pursue these claims.
- Some injuries lead to life-altering trauma for the injured and family members. This is especially true if the victim loses their life in the accident. Hiring an attorney gives you space for healing as they tackle legal battles.
Conclusion
Maritime injury attorneys are essential in helping victims get fair compensation after an accident. Their responsibilities include filing claims, negotiating with the injured, and representing them in court. It is best to hire an experienced lawyer with the skills and expertise necessary in line with maritime law.
Source: The Young Firm, New Orleans LA
