If you or someone you love has suffered an injury while traveling on a water vessel, you may have legal options to pursue compensation from the at-fault party.
Maritime accidents can be a frightening experience, as immediate assistance is not always available. The Macon maritime lawyers at Roden Law understand that these types of accidents can be emotionally and financially difficult. Our experience representing injury victims and their families has provided us the knowledge to know how to handle claims involving boat and water vessel accidents. As a Macon personal injury law firm dedicated to protecting victims’ rights, we will pursue every option available to help you recover the justice and compensation you deserve.
If you or a loved one has been injured in a maritime accident, do not wait to contact us for a free, no obligation consultation. We have recovered millions in verdicts and settlements for our clients and will fight to help you recover maximum compensation for your claim. All of our attorneys work only on a contingency fee basis and will never charge you upfront for legal fees. The only time you are required to pay us is if we recover compensation for your maritime injury claim.
Call 1-844-RESULTS to get started now.
What is Maritime Law?
Maritime law, also known as admiralty law, is a combination of U.S. and international laws that cover all injuries, torts, contracts or offenses that occur on navigable waters.
The federal government established maritime law in order to create a universal body of law governing commerce and is considered a separate entity from civil law. Although maritime laws were originally intended to govern commerce, they also cover recreational boats. This means any accident that occurs on inland, coastal or ocean navigable waterways is subject to maritime law.
Our Macon maritime attorneys represent all victims who have been injured in waterway accidents. Some of the most common maritime injuries occur on:
- Cargo ships
- Offshore oil rigs
- International maritime accidents
- Longshoreman injuries
- Inland and coastal waterways
- Water taxis
- Cruise ships
- Commercial vessels
- Scuba diving excursions
If you believe another person negligently caused a maritime accident that resulted in your injury, contact us to schedule a free consultation. Our Macon maritime attorneys will review your claim to find out if you have a case against the at-fault party.
Complete a Free Case Evaluation form to begin today.
How a Lawyer Can Help You with a Maritime Claim
Suffering an injury in a maritime accident can be difficult for most people who are unfamiliar with their rights as a crew member or passenger of a ship or water vessel.
Insurance companies representing maritime employers, commercial vessels and cruise liners are prepared to handle claims involving serious injury or death. Often, victims who do not understand maritime law are uncertain or at a loss for how they should proceed with a claim or whether they have a case against the at-fault party.
An insurance adjuster may use a victim’s inexperience with admiralty law to affect the outcome of his or her claim by reducing the compensation he or she is owed or canceling the claim altogether. However, consulting with a trusted Macon maritime lawyer will provide an opportunity to discuss your claim and inform you of your right to hold the at-fault party liable for its negligence.
At Roden Law, our Macon maritime attorneys are devoted to helping victims of accidents caused by another’s negligence. During your free initial consultation, we will discuss your accident and determine if you have a case. If we determine your injury was caused by the at-fault party’s actions or inaction, we will relentlessly pursue your claim to help your recover the compensation you deserve.
As qualified injury attorneys, we have decades of combined legal experience and have recovered millions in verdicts and settlements for our clients. Our firm’s Founding Partner Eric Roden is a member of the Georgia Trial Lawyers Association and has spent his career representing victims of negligence. We will dedicate ourselves to helping you reach the fairest outcome for your claim.
Call 1-844-RESULTS for qualified legal help with your claim.
Filing a Maritime Injury Claim
Similar to personal injury claims, bringing a successful maritime claim often depends on whether you can prove the at-fault party’s negligence caused your injury.
However, this will require you and your Macon maritime lawyer to show certain elements were present during the accident, including:
- The at-fault party owed the victim a duty of care to ensure his or her safety and avoid causing him or her harm.
- The at-fault party breached its duty by failing to act in a reasonably prudent or cautious manner.
- The at-fault party’s negligence was the direct cause of the accident.
- The victim sustained an injury as a result of the at-fault party’s negligence.
Statute of Limitations for Maritime Claims
Additionally, the Uniform Statute of Limitations for Maritime Torts (Uniform Statute) provides a three-year statute of limitations for claims concerning injury or death occurring on navigable waters.
The Uniform Statute bars claims concerning injury or death occurring on navigable waters during a traditional maritime activity three years after the incident occurred. The bar of the Uniform Statute cannot be affected by the victim’s age, financial state or other condition that would toll the three-year deadline, according to 46 U.S.C.A. § 30106.
By consulting with an attorney knowledgeable in maritime law, we can help determine if you have a case against the party at fault for your injury. Your Macon maritime attorney will know which laws may apply to your claim and whether you are entitled to compensation for your pain and suffering.
Call 1-844-RESULTS to find out if you have a claim.
Maritime Laws that Protect You
Many people who are injured in maritime accidents may be unaware there are several laws designed to protect their rights. Many of these laws are designed to help you recover compensation when injured in an accident.
As experienced Macon maritime attorneys, we have a strong understanding of admiralty laws such as:
The Jones Act is a federal statute that allows an injured sailor who spends more than 30 percent of his or her time on a sea-faring vessel to make a claim and collect compensation for an injury caused by another’s negligence.
Also known as the Merchant Marine Act of 1920, the Jones Act allows an injured seaman to bring legal action against his or her employer if:
- The seaman was acting in the course of his or her employment
- The seaman’s employer was found to be negligent
- The employer’s negligence was the cause of the seaman’s injury
The Jones Act follows the rule of comparative negligence when determining the amount of compensation you may be owed following an accident. This means that even if you are partially at fault for causing your own injury, you can still recover compensation from your employer.
Under the Jones Act, the amount of compensation you may be owed will be reduced by the percentage you are found to be at fault for causing your injury. For example, if you are seeking $10,000 for an injury claim and are found to be 40 percent at fault, you can only recover $6,000.
Maintenance and Cure
Under the Jones Act, seamen may be entitled to compensation for maintenance and cure in the event they are injured in an on-the-job accident.
Maintenance refers to compensation for room and board while an injured seaman or commercial fisherman is recovering from his or her injury at home. This concept stems from a maritime employer’s obligation to provide room and board while the seaman is serving on a ship. Maintenance includes expenses such as an employee’s rent or mortgage, utilities, property taxes, homeowner’s insurance and food.
Likewise, cure refers to compensation for an injured seaman’s reasonable and necessary medical expenses, along with the cost of transportation for traveling to his or her necessary medical treatment.
However, to obtain maintenance and cure, an injured maritime employee has the burden of proving all of the following elements:
- The injured party was a seaman
- The injured party was injured or became ill while in the service of the vessel
- The amount of maintenance and cure to which the injured party is entitled
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act covers maritime workers who have been injured on the job but do not qualify to seek compensation under the Jones Act. This includes any longshore worker, ship-repairer, shipbuilder, shipbreaker or harbor construction worker that spends less than 30 percent of his or her time onboard water vessels.
The worker’s injury must have occurred on navigable waters in the U.S. or in the adjoining areas, including piers, docks, terminals, wharves, and areas used to load and unload vessels. Additionally, non-maritime workers may be covered if they are working on navigable waters when the injury occurs.
Death on High Seas Act
The Death on High Seas Act may apply to any individual whose death is caused by a wrongful act, negligence or inaction occurring on the high seas beyond three nautical miles from the shore of the U.S.
In this case, the decedent’s personal representative may bring a wrongful death claim in Macon against the person or vessel responsible. The claim shall be brought for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative, according to 46 U.S.C.A. § 30302.
If you were injured in a navigable body of water, our Macon maritime lawyers can review your claim to help you determine which laws apply to your situation.
Complete a Free Case Evaluation form form.
Contact Our Macon Maritime Lawyers
If you were injured in a maritime accident caused by another’s negligence, you may have a claim against the at-fault party that entitles you to compensation your injury and loss.
At Roden Law, our Macon maritime lawyers are well-versed in admiralty law. We understand when a maritime employer or owner of a commercial vessel is liable for another’s injury or death and will apply our skills and knowledge to pursuing maximum compensation for your claim.
We provide all of our services at no upfront cost and will only charge you if we recover compensation for your admiralty claim. There is no risk in contacting us for a free, no obligation consultation to find out if you have a case for an injury or death sustained in a maritime accident.