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, a commercial diving mishap, or a situation governed by the Jones Act, understanding the complexity of maritime regulations is crucial.
Our Houston maritime attorney 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 seamen 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 consists 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 Houston 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
WHAT TO DO AFTER A MARITIME INJURY
After a maritime injury, you may find yourself wondering, now what? A maritime injury can take you by surprise and leave you hurt, unable to work, and unsure of what to do next. While each case is unique, you can use these five steps as a general guide on moving forward.
SEEK MEDICAL ATTENTION
Most likely, your maritime injury required emergency medical care, but equally as important as that initial attention is to continue and follow up with any necessary diagnostic testing and treatment. Maritime injuries tend to be severe and require a lot of therapy and time to heal. Medical treatment might include:
- Emergency room visit,
- Orthopedic care,
- Surgery,
- Rehabilitation and therapy,
- Pharmaceuticals,
- Neurological care,
- Burn treatment, and
- More.
A thorough and reliable medical evaluation and diagnosis can speed up your recovery and help you seek compensation later.
REPORT THE INJURY
You must immediately notify your employer and relevant maritime authorities of the accident and injuries. Your employer will likely complete an injury report for insurance. You should always request a copy for your records.
DOCUMENT THE INCIDENT
If you can, you should document the accident scene. While this is not always possible if you are severely injured, try to gather evidence, take photos and videos, and collect witness statements from co-workers or anyone else who may have witnessed the incident.
Even if you are unable to do so at the time, jotting down what you can recall from just before and during the incident, even at a later time, can be helpful. Note any potential video surveillance cameras that may have captured the accident. This footage can be invaluable later.
PRESERVE EVIDENCE
Whether you collected evidence at the scene or obtained valuable information and documents later, it is imperative to preserve all evidence. Keep copies of medical records, bills, accident and police reports, and communications with insurance adjusters or your employer. Keep everything in one organized location.
CONTACT A HOUSTON MARITIME ATTORNEY
Under the Jones Act, maritime employers can be liable if their negligence causes injury. Because of this, employers, defendants, and insurance companies are quick to deny, delay, and defend any employee claims. Consulting with an experienced maritime law attorney as soon as possible will ensure you protect your legal rights.
FILING A MARITIME NEGLIGENCE CLAIM
Filing a maritime negligence claim will proceed similarly to any negligence claim.
The overall process entails three main steps.
- Investigating the accident. The first step is to determine if your employer was negligent and investigate the cause of the accident.
- File a claim. Once you determine the cause of the accident and identify potentially responsible parties, you can file the appropriate claim in the proper venue.
- Prove your case. Once you have filed a claim or lawsuit, it is your burden as the injured plaintiff to prove the defendant’s negligence caused your injury. In cases of potential employer negligence, such as under the Jones Act, proving your case may be easier because the burden is much lower.
Your maritime attorney can assist you with the legal process from start to finish, including investigating the accident, filing your claim, negotiating with insurance companies, conducting discovery, and handling all litigation.
STATUTE OF LIMITATIONS FOR MARITIME INJURY CLAIMS
Generally, if someone else’s negligent conduct harms you, you have two years from the date of injury to file a personal injury lawsuit. Suppose a third party (e.g., outside vendor) or defective product (e.g., malfunctioning forklift or defective harness) caused your injury. In that case, you likely have two years to initiate your claim.
However, this time frame varies under the two federal statutes that might apply in your situation. Under the Jones Act, offshore workers injured while working on a ship, vessel, or rig may have up to three years from the accident date to initiate a lawsuit.
Under the LHWCA, you must file a claim within a year of the accident. One year can quickly pass by when you are recovering from a severe injury and while trying to rebuild your life.
Meeting with an attorney immediately following your accident ensures you do not miss the applicable filing period. Failing to bring your claim by the deadline may bar you from recovering damages altogether.
Practically speaking, pursuing your claim earlier rather than later is best because evidence will be more readily available and memories fresh.
COMMON INJURIES SUSTAINED BY MARITIME WORKERS
Almost any injury is possible in a maritime work accident. However, we see certain types of injuries more often in maritime workers. There are three main categories of injuries: physical injuries, repetitive stress injuries, and environmental injuries.
PHYSICAL INJURIES
Physical injuries are the kinds that you would typically think of when hearing the word “accident.” Physical injuries as a result of a maritime accident can include broken bones, back injuries, head trauma including traumatic brain injuries, burns, lacerations, paralysis, and more. Injuries can range from minor and temporary to severe and permanent. It is also common to sustain multiple injuries simultaneously.
REPETITIVE STRESS INJURIES
The duties of maritime workers often involve the same tasks and repetitive daily movements. For instance, repeated daily movements can cause injuries and conditions such as carpal tunnel syndrome, joint pain, tennis elbow, rotator cuff tear, and trigger finger. These injuries can be challenging to prove as related to a specific incident. Having a skilled lawyer advocating on your behalf can help ensure you receive adequate compensation for your repetitive stress injury.
ENVIRONMENTAL INJURIES
Maritime workers are particularly susceptible to environmental injuries from breathing in toxic fumes and exposure to chemical substances and hazardous materials on ships, rigs, and docks. Long-term exposure to these substances can cause burns and respiratory illnesses.
Common types of maritime accidents can include:
- Collisions,
- Crane accidents,
- Explosions and fires,
- Drownings,
- Fishing incidents,
- Equipment failures,
- Falling objects and crush accidents,
- Ship grounding, and
- Falling overboard a vessel.
Proper safety is critical to preventing these injuries. Employers must follow specific safety standards and protocols and provide adequate training and efficient safety equipment. As a maritime worker, it is important to always wear all safety equipment and follow proper procedures.
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.
RECOVERING COSTS AND DAMAGES IN MARITIME NEGLIGENCE CLAIMS
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 Houston maritime attorneys 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
DAMAGES IN A MARITIME NEGLIGENCE CLAIM
If you are successful, the damages you can receive if you prove your maritime negligence claim can be substantial. However, damages can vary drastically from case to case. Generally, you may be entitled to three types of damages: economic, noneconomic, and punitive.
Both economic and noneconomic damages are compensatory damages meant to compensate a victim for their losses.
Economic damages include compensation for:
- Past and future medical expenses,
- Lost wages to date,
- Cost of home and vehicle modifications, and
- Lost future earning capacity.
Economic damages are relatively easy to determine by adding up receipts, invoices, and estimates. The more severe the injury, the higher your economic damages will likely be. For instance, if you suffer severe burns, you will likely need significant medical treatment over a long period. These costs will quickly add up and factor into your economic damages.
Noneconomic damages include compensation for:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life,
- Loss of consortium, and
- Mental anguish.
While noneconomic damages can be substantial and are often greater than economic damages, they are more challenging to quantify and, therefore, more subject to negotiation and debate. Because noneconomic damages are subjective and personal to the victim, it is more difficult to assign a monetary value. You are nonetheless entitled to them, so it is essential to have a skilled Houston maritime attorney negotiate with you.
PUNITIVE DAMAGES
The court may award punitive damages in cases of gross negligence or especially egregious conduct by the defendant. Unlike economic and noneconomic damages, punitive damages are not intended to compensate the victim but to punish the defendant and deter others from engaging in similar conduct.
When calculating damages, you must consider all relevant factors, including the number of defendants, type of defendants (e.g., corporation), insurance policy maximums, whether the plaintiff was partially at fault, and applicable law.
MARITIME WORKERS’ RIGHTS IN HOUSTON
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
As a maritime worker in Houston, you have legal rights if you are injured on the job. Your options will depend on your job, location, injury, and other factors unique to your situation. You may be able to file a Longshoreman workers’ compensation claim, a lawsuit against your employer under the Jones Act, or a third-party suit against another negligent party. A knowledgeable Houston maritime lawyer will assess your case and advise you of your rights, options, and best course of action.
CHOOSING THE RIGHT HOUSTON MARITIME ATTORNEY
Finding a maritime lawyer in Houston can feel overwhelming, but it doesn’t have to be. We have three simple tips for choosing the right Houston maritime lawyer:
- Ask friends, co-workers, and family. When looking for the right attorney for your case, the best place to start is to ask those closest to you. It is likely that someone you know has dealt with a maritime injury before and can recommend—or not recommend—a particular attorney to you.
- Check their online presence. While we don’t encourage solely relying on the internet, it can be a good place to learn more about a particular attorney, their accomplishments, and client reviews. You can check their website and other attorney rating sites, such as Avvo, to get a general sense of whether they may be a good fit for you.
- Schedule consultations. Once you have a short list of potential attorneys or law firms, it is time to schedule initial consultations. A consultation is an excellent opportunity to learn more about the attorney professionally, learn how they can help you, and inquire about their availability to take on your case.
At Kolodny Law Firm, we always offer free case evaluations and stand ready to help you.
HOUSTON MARITIME ATTORNEYS – CALL 24/7 FOR A FREE CONSULT
Maritime injury claims can be complex. At Kolodny Law Firm, we were selected by Thomson Reuters to the 2023 Super Lawyers List. We have the knowledge, resources, and experience necessary to ensure you receive the compensation you deserve for your maritime injury. If you live in Houston or surrounding areas in Harris County, contact us today to schedule your no-cost consultation.
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