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Millions Recovered

  • $5,400,000.00 settlement involving a seaman who fell from a stairway during fire and boat drill aboard a container ship sustaining quadriplegic injuries. Partners Mellusi and Shisha personally inspected the vessel taking hundreds of measurements and still and videos of every stairway in the ship’s main deck house. The data was compared with the vessel’s design plans in our library which demonstrated the vessel had been negligently constructed in that it failed to follow the naval architect’s original design specifications.
  • $4,400,000.00 jury award to a former shipmate who sustained a shoulder injury while at sea. The third mate had to undergo multiple surgeries and will not be able to become a captain because of the injury.
  • $2,400,000 jury award to a licensed marine engineer who sustained permanent knee injuries while attempting to remove a 200 lb. valve from an overhead piping system. Partner Mellusi personally inspected the ship’s engine room taking detailed photos and measurements. A duplicate valve was obtained from a maritime junkyard and was brought into court along with an auto-shop mechanical hoist capable of lifting it 12 feet to demonstrate the vessel lacked suitable means to perform this work safely. The jury award was in top ten verdicts in the United States for a comparable knee injury. The case was tried to verdict in a New York Federal Court.
  • $2,980,000.00 jury award to a ship’s cook for back injury resulting from insufficient procedures for moving ship stores. Case tried in New York federal court.
  • $2,700,000.00 settlement to a mate on a Tanker vessel who sustained multiple fractures.
  • $2,000,000.00 was awarded to a barge deckhand – wrongful death.
  • $1,827,000 awarded to a marine engineer working on a US Government supply vessel who fell into an unguarded ventilation fan causing neck, shoulder and hand injuries. The case was tried non-jury before a federal judge in Baltimore Federal Court. The court award was subsequently determined to be within the highest ten verdicts for the State of Maryland in 2009.
  • $1,200,000.00 jury award to a ship’s Bosun who sustained shoulder and neck injuries while attempting to move plywood sheets on main deck of vessel during 40 knot winds. Case tried in New York Federal Court.
  • $950,000 awarded to passenger killed when his recreational boat came into collision with tow wire of tug and barge
  • $850,000 settlement, Federal Court Allentown PA., to seaman sustained herniated disk while lifting a 110 lbs crane hooks.
  • $840,000 jury award to a seaman who fell from ladder while painting sustaining fractured wrist.
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When does maintenance and cure include punitive damages?

When your employer refuses to pay for the medical costs associated with your accident on the job as a seaman, it may seem as if the company is adding insult to injury. However, you may find that during your recovery in New York, the delays and difficulty you experience as a result of the hardship from the injury add further harm, as well. If you are able to prove that you qualify for compensation based on maintenance and cure, you may also be able to hold your employer responsible for those secondary damages.

The U.S. Courts have strict guidelines for you to meet before you may receive maintenance and cure. You must be able to provide evidence of the following:

  •          You were a seaman when you were injured.
  •          Your damages include specific health care and living expenses that should be covered by maintenance and cure.
  •          You were working in service of the vessel when the harm occurred.

If you have proof of these, and your employer still refuses to pay, the court may determine that the company should be punished for its unwillingness to cooperate with the law. In this case, you may be awarded punitive damages, as well as the other compensation to which you are entitled. These may include pain and suffering, along with the extra medical costs that are the result of the delay.

This information about your rights to compensation after a maritime accident is provided for educational purposes only. Because it is general in nature, it should not be considered legal advice.

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Rated By Superlawyer Ralph J Mellusi Rated By Superlawyer Ralph J Mellusi
Rated By Superlawyer Ralph J Mellusi Rated By Superlawyer Ralph J Mellusi
Rated By Sfpracuperlawyer Ralph J Mellusi Rated By Superlawyer Ralph J Mellusi