Navigating the vast and intricate world of maritime law requires specialized experience and insight. When it comes to maritime personal injuries, victims often find themselves in uncharted waters, facing unique challenges that demand specialized legal attention. Whether it’s a barge accident, commercial diving mishap, or a situation governed by the Jones Act, understanding the complexity of maritime regulations is crucial. Our firm is dedicated to representing seamen, harbor workers, oil rig employees, and other maritime professionals. With an in-depth understanding of the maritime industry, we are committed to safeguarding your rights, ensuring fair compensation, and helping you steer through the legal complexities of maritime personal injury cases.
Our practice areas extend across a broad spectrum of maritime interests. From individual boat accidents to vast offshore operations, we meticulously analyze each case to ensure that our clients receive the comprehensive legal support they need. Here’s an overview of our specialized sub practices:
Each area represents a different facet of maritime operations, and our team is well-equipped to assist you with the personalized care and attention that your case requires. Trust our expertise to navigate these challenging waters, as we work together to achieve the justice you deserve.
The very nature of maritime occupation carries with it a highly risky nature. Keeping this in mind, lawmakers have strived to ensure that seaman have adequate coverage in case of maritime personal injury. Maritime Law is built on a foundation of procuring compensation for individuals who have been injured in offshore or maritime work, and generally consist of four major pillars:
- Jones Act
- Death on the High Seas Act
- Limitation of Liability Act
- Longshoreman and Harbor Workers’ Act
MARITIME LAW HISTORY
Since seafaring trade is an age-old practice, so too are laws and regulations to govern it. Though no actual text survived the ages, Rhodian Law is considered to be one of the earliest transcripts of what would become maritime law, as referenced by Roman and Byzantine legal codes. Southern Italy had the Ordinamenta et consuetudo maris in effect as early as 1063 AD. Other major sponsorships of maritime law can be found from Europe via the French Queen Eleanor of Aquitaine. Being on crusade with her husband, King Louis VII, she learned of maritime law while in the eastern Mediterranean, and later instituted it on the island of Oleron.
It wasn’t until 1789 that admiralty (aka maritime) law was introduced into the US Constitution through a variety of maritime cases leading up to the adoption of the constitution. A great many American lawyers who were instrumental in the American Revolution were also admiralty lawyers in their day to day lives, including Alexander Hamilton and John Adams.
MARITIME PERSONAL INJURY
Maritime law covers workers that have been injured and helps them get compensation to help with medical care. Any injury sustained on navigable waters or in docks and harbors are covered under maritime law. The maritime lawyers at the Kolodny Law Firm have the experience necessary to help navigate the complexities of maritime law for workers that have been injured in:
- Tugboats Accidents
- Barge Accidents
- Cargo Ship Accidents
- Commercial Fishing
- Vessel Accidents
- Shipyard Accidents
MARITIME LAW FEATURES
MAINTENANCE AND CURE
Maintenance is an obligation that shipowners have under maritime law to provide a seaman with basic living expenses while he is healing or recovering from an injury. Once a seaman is able to continue working, he is then expected to provide his or her own maintenance.
Cure is an obligation that obliges the responsible employer to provide the injured employee with medicine and medical devices to improve his or her ability to function, such as wheelchairs and pain medications. This can also cover long term treatments as well.
PERSONAL INJURY TO PASSENGERS
Passengers aboard maritime vessels, including cruise ships, have a right to Duty of Reasonable Care from the shipowner. Under this feature, passengers must bear the burden of proof that the shipowner was negligent and that negligence led to the sustained injury. While most injury cases carry a longer statute of limitations, some cruise ships employ stricter statutes of 1 year, and may oftentimes require suit be filed in a specific place, such as Miami or Seattle.
Other features include:
- Maritime liens and mortgages
- Salvage and Treasure Salvage
Having an experienced maritime law attorney at your side is paramount in fighting for the compensation you deserve after being injured in a maritime accident. The lawyers at the Kolodny Law Firm have the experience to help guide you to fair and just compensation.
Being injured in an offshore accident can carry with it extensive, and sometimes, long term costs. In the immediate term, lost wages, medical costs and monthly bills can be just a few of the issues an injured worker can face, but there are many incidents that occur that require long-term, maybe even lifelong, rehabilitation costs. At the Kolodny Law Firm, our seasoned maritime personal injury lawyers have the experience to know what costs to seek compensation for, including:
- In-home care
- Hospital bills
- Long-term rehab
- Vocational Rehab
- Emotional counseling
- Lost wages and earning capacity
MARITIME INJURED RIGHTS
Being aware of your rights can be the difference between a successful case and an unsuccessful one. Some of the most important ones that our maritime lawyers focus on are:
- Right to select your doctor
- Right to medical treatment
- Right to withhold a recorded statement