Boat Accident Lawsuits Complicated

Miami, FLFor seamen who are injured in boat accidents, lawsuits against the parties responsible can be complicated. However, in many cases lawsuits are required to ensure that the injured person receives the compensation that he or she is entitled to. Injuries sustained onboard marine vessels can be debilitating, making it vital that the responsible parties fulfill their obligations to those who are injured.

There are a number of regulations that apply to marine vessels, including The Jones Act and maritime law (also known as admiralty law). Furthermore, many people who are injured in boating accidents suffer the injury in international waters, making jurisdiction another issue in a lawsuit. For example, some lawsuits that involve maritime incidents, such as injuries to seamen and collisions between maritime vessels, can be filed in either federal or state court.

Seamen who are injured while aboard a ship have three potential means of compensation. The first is the Jones Act, which incorporates the Federal Employers Liability Act (FELA). Shipowners can be held liable for injuries to seamen if the it injury occurs due to the employer's negligence. Lawsuits filed under the Jones Act can include personal injury or wrongful death.

Injured parties do not just have to be on ships when they are injured to be protected by the Jones Act. Workers on offshore oilrigs, tug boats, water taxis and riverboat casinos can all file suit under the Jones Act. They are simply required to spend more than 30 percent of their time on a vessel that is in navigation.

The second means of compensation for injured seamen is the doctrine of unseaworthiness. This doctrine essentially makes the shipowner liable for injuries incurred because of a defect in the ship. A ship or other vessel is generally considered unseaworthy if it was not reasonably fit for its intended use.

The final means of compensation is the principle of maintenance and cure, which requires the shipowner to pay for the injured party's medical treatment until maximum medical recovery. The shipowner is also required to provide basic living expenses for the injured party until the voyage is complete, even if the injured person is not still on the vessel.

Seamen can also file suit if they develop illnesses after their employment because they were exposed to toxins such as asbestos. Furthermore, they may be eligible for compensation for pain and suffering, lost wages, loss of earning capacity, disfigurement and mental anguish related to their injuries.

Unfortunately, even the most experienced seamen can suffer serious injuries while onboard a ship, often through no fault of their own. Sadly, some shipowners try to get away with paying the minimum possible to seamen who have been injured, making it difficult for the seaman to pay expenses while recovering from an injury.

Understanding all the laws that govern marine vessels can be a complicated matter. There are many questions that must be answered to determine which laws govern various situations. Furthermore, determining what compensation the injured party is entitled to can also be complicated. If you have been injured while working onboard a marine vessel, contact a lawyer to discuss your legal options.