Frequently Asked Questions About Maritime Law
Injuries and disputes at sea often raise legal questions that aren’t easy to answer. Maritime and admiralty law involve rules that differ from those on land, and figuring out which ones apply can be difficult. The answers below offer general guidance, but no two cases are the same.
For advice tailored to your situation, contact Tabak Mellusi & Shisha LLP at 800-781-8419 or send us a message through our online form. Our firm is based in New York City and represents clients nationwide.
- Who is covered by the Jones Act?
- What financial compensation can I recover in a maritime law claim?
- What is a wrongful death claim?
- Who can file a wrongful death lawsuit?
- How do I know if I need a lawyer?
- What is the time frame to file a suit under the Jones Act?
- What is a statute of limitations and how does it affect my rights?
- How are attorney fees determined?
Who Is Covered By The Jones Act?
The Jones Act covers those who meet the law’s definition of “seaman.” If you work on a vessel on the navigable waters of the United States, you are likely covered under the Jones Act. Your job must be tied to the overall mission of the vessel, but you do not have to be a deckhand or officer. For example, a cook onboard a ship could also be covered.
What Financial Compensation Can I Recover In A Maritime Law Claim?
Compensation in a maritime or admiralty case often mirrors what’s available in similar land-based claims. If you were injured, you may recover damages for the full range of losses tied to the accident.
Under the Jones Act, injured seamen can receive maintenance and cure. This is a daily living stipend (maintenance) and payment for medical treatment (cure). Depending on your role, the type of vessel, and how the injury occurred, you may also be eligible to seek compensation for:
- Medical bills
- Lost wages and loss of earning potential, including pension and fringe benefits
- Physical and mental pain and suffering
- Physical disability
- Disfigurement
- Emotional trauma
Because every case is different, the best way to understand your rights is by speaking with a maritime attorney. A lawyer can help identify which laws apply and what damages may be available based on your specific circumstances.
What Is A Wrongful Death Claim?
Wrongful death law allows a family to seek financial compensation when a loved one dies because of someone else’s careless or wrongful actions. If the death happens on a vessel in navigable waters, the claim falls under maritime and admiralty law, which has its own set of rules and procedures.
Who Can File A Wrongful Death Lawsuit?
Only certain individuals can bring a wrongful death claim, and they must first be appointed by a probate court. The court will name someone, often a family member, as the administrator of the deceased’s estate. That person then has the legal authority to file the lawsuit on behalf of surviving relatives and anyone else who suffered a financial loss.
In cases involving serious or intentional misconduct, punitive damages may be available to punish the wrongdoer and discourage similar conduct. However, punitive damages are not allowed in seamen’s cases filed under the Jones Act.
How Do I Know If I Need A Lawyer?
Because of the complexities of admiralty and maritime law, virtually all situations involving bodily injury and death require a timely consultation with experienced maritime counsel.
What Is The Time Frame To File A Suit Under The Jones Act?
In most maritime injury cases, the deadline to file a lawsuit is three years from the date of the accident. That time limit is firm. If you miss it, you could lose the right to bring a claim.
There is an important exception for toxic exposure cases, such as those involving asbestos, mesothelioma or chemically caused illnesses. In these situations, the three-year period starts not from the date of exposure but from when the injury was discovered. It can also begin from when the injury should have been discovered with reasonable effort.
Even if symptoms do not appear for many years, a claim may still be valid if filed within three years of the date the illness was found. Courts often interpret this rule in favor of the injured person, but the question of when someone should have known they were harmed is usually decided based on the facts of the case.
What Is A Statute of Limitations And How Does It Affect My Rights?
A statute of limitations is a deadline or “bar” date to file suit and is set by federal or state law. Once this date has passed, the right to file suit is “barred” – i.e., lost forever, no matter how serious the injuries or how devastating the financial consequences of a death. The law does allow limited excuses for nonfiling that may allow the case to go forward, which is another reason to contact an experienced maritime accident attorney.
How Are Attorney Fees Determined?
At Tabak Mellusi & Shisha LLP, there is never any charge for an initial consultation, whether by phone at 800-781-8419, online or in person. If we determine that your case is meritorious, we will accept it exclusively on a written contingent fee agreement. Our fee is a percentage of the sum recovered. The percentage is set by the law of the state where the claim is filed. In all cases, we only charge if we recover compensation for you.