Kent Maritime Accidents
Kent Martime Accident Attorneys
October 7, 2009 by admin · Leave a Comment
Even though the burden of proof in a maritime claim is feather weight, it is important to start out with a strong case by having proof of liability through witness statements. Once liability is sewed up, then it is important to proceed in order to prove your damages. This typically involves the loss of past or future earnings that a seamen otherwise would have earned “but for” the accident. This could include future anticipated contracts of employment with this or other vessels, or other work in the private sector. In the meantime, regardless of liability, the injured seaman is entitled to recover maintenance and cure regardless of fault. This shall continue until the seaman reaches maximum medical improvement according to his or her treating physician.
Often crews are required to work under onerous and hazardous conditions in hopes of increasing the vessel’s revenues. These conditions can lead to serious injuries. If you were injured because of the negligence of an employer or operator, or because of an unseaworthy condition aboard the vessel, you may have a Jones Act claim which would entitle you to the recovery of maintenance. Often a Jones Act claim may be confused with a worker’s compensation or Labor and Industries Claims. You should consult a lawyer immediately to determine filing deadlines and other claim filing requirements to determine if your claim is one of worker’s compensation or one under the Jones Act from which you are entitled to recover maintenance and cure.
If you have been injured in the state of Washington in a Maritime accident, you are welcome to contact our Kent, WA Maritime Accident Lawyers for a free initial consultation.