Maritime accidents can cause devastating injuries. A New Orleans personal injury lawyer can help you pursue damages.
Due to the complicated and dangerous nature of maritime work, many different types of accidents can occur. In addition, the complexity of maritime law can make filing a claim challenging.
Since 1993, the Cueria Law Firm has recovered millions for clients like you. If you suffered an injury at sea as a result of your employer’s negligence, a New Orleans maritime lawyer from our team can help you pursue the maximum compensation.
What Is the Difference Between Common Law and Maritime Law?
Common law applies to legal issues on land, while maritime law, also known as admiralty law, applies to legal issues on the water.
Common law is based on legal precedents set by courts, while maritime law is based on international treaties. The latter deals with maritime activities such as shipping, navigation, and workers’ rights.
Who Does Maritime Law Apply to?
Maritime law applies to individuals and entities involved in maritime activities, such as:
- Seamen and crew members
- Longshoremen and harbor laborers
- Offshore oil rig workers
- Passengers on ships and boats
- Shipowners and operators
If your work or leisure activities take place on navigable waterways, maritime law likely governs you.
NearShore vs. OffShore Workers
Maritime law often distinguishes between nearshore and offshore professionals due to the nature of their work environments and the associated risks. Understanding these distinctions is crucial to determining your legal protections and rights.
Nearshore Workers
Nearshore workers perform their duties close to land, often within harbors, ports, or coastal waters. Examples of nearshore laborers include:
- Dockworkers loading and unloading cargo
- Longshoremen and harbor workers
- Employees working on tugboats or ferries operating near the shore
These professionals are often covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides specific protections and benefits for injuries sustained on the job.
Offshore Workers
Offshore workers operate further out at sea, often in more hazardous environments. Examples of offshore laborers include:
- Crew members on commercial fishing vessels
- Workers on oil rigs and drilling platforms
- Seamen navigating cargo or container ships in international waters
Laborers injured in offshore accidents are entitled to maritime workers’ compensation under the Jones Act and the Outer Continental Shelf Act. The Jones Act applies to injured seamen, and the Outer Continental Shelf Act covers longshoremen, oil-rig workers, harbor workers, and shipbuilders.
How Far Out Does Maritime Law Apply?
Maritime law typically applies to activities on navigable waters, which include oceans, seas, and large rivers used for interstate or international commerce.
In the United States, maritime law jurisdiction extends from the shore out to 12 nautical miles, known as the territorial sea. Beyond this boundary, certain international laws and agreements apply.
For offshore workers, activities that occur in the Exclusive Economic Zone (EEZ), which extends up to 200 nautical miles from the coast, may also, depending on the circumstances, fall under maritime law.
A dedicated attorney with experience with maritime issues can help you determine whether maritime law applies to your case.
Where Does Maritime Law Not Apply?
Maritime law generally applies to activities occurring on navigable waters. It usually doesn’t apply in the following situations:
- Activities occurring solely on non-navigable waters, such as small lakes or ponds
- Incidents that happen entirely on land, even if maritime workers are involved
- Cases governed by state workers’ compensation laws for non-maritime roles
An experienced New Orleans Maritime attorney can help you determine whether maritime law applies to your case.
Who Enforces Maritime Law?
Maritime law is enforced by a combination of national and international entities, depending on the case’s jurisdiction. Those entities include:
- United States Coast Guard (USCG): The USCG enforces maritime safety and security regulations within U.S. waters.
- Federal Courts: Maritime disputes often fall under the jurisdiction of federal courts, as they have exclusive authority over admiralty cases.
- International Maritime Organization (IMO): For international disputes, the IMO establishes regulations and standards for shipping and maritime safety.
- State Authorities: In some cases, state authorities may also have jurisdiction over incidents occurring nearshore.
A maritime injury lawyer can help determine which authority oversees your case and ensure you remain in compliance with applicable regulations.
Common Maritime Accidents
Maritime environments pose unique risks. Some of the most accidents that occur include:
- Vessel collisions
- Fires and explosions
- Capsizing or sinking
- Slip-and-fall incidents on ships or docks
- Crane and equipment malfunctions
Each accident type comes with unique legal implications, which is why it’s important to partner with an experienced maritime lawyer in New Orleans.
Common Maritime Injuries
Maritime injuries can be severe and, in some cases, life-altering. Some of the most common maritime injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones and fractures
- Burns from fires or chemical spills
- Hypothermia and drowning
If you’ve suffered one of the injuries above, an experienced New Orleans maritime attorney can help you pursue damages.
How Long Do I Have to File a Maritime Claim in Louisiana?
In Louisiana, the statute of limitations for maritime injury claims varies depending on the type of claim you file.
- Under the Jones Act, you typically have three years to file a claim.
- Filing deadlines for claims under the Longshore and Harbor Workers’ Compensation Act (LHWCA) can vary depending on the specifics of the case.
A New Orleans admiralty law attorney can help ensure you meet all necessary deadlines.
How Do You Prove Negligence in a Maritime Accident?
To prove negligence in a maritime accident, you must demonstrate:
- A duty of care existed.
- The duty of care was breached.
- The breach caused the accident.
- You suffered damages as a result.
A lawyer can gather evidence, interview witnesses, and, if necessary, demonstrate the other party’s negligence in court.
Dealing with Insurance Companies After a Maritime Accident
In the wake of a maritime accident, insurance companies often attempt to minimize payouts. They may dispute liability, offer low settlements, and delay the processing of your claim.
If you’ve been injured in a maritime accident, avoid speaking to insurance adjusters. Let an experienced maritime lawyer communicate with them so you can protect your rights and maximize your compensation.
What Kind of Damages Can I Receive for a Maritime Claim?
After a maritime accident, you may be entitled to the following types of damages:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Disability and disfigurement
- Loss of consortium for family members
Each case is unique, so it’s important to consult with an experienced maritime attorney to understand the damages you could receive.
What Can a New Orleans Maritime Lawyer Do for Me?
Maritime cases can be complex. An experienced maritime lawyer can do the following:
- Evaluate your case and determine applicable laws
- Collect evidence to build a strong case
- Negotiate with insurance companies and other parties
- Represent you in court (if necessary)
A maritime lawyer’s expertise can make the difference between a favorable settlement and a disappointing verdict.
Do Maritime Lawyers Go to Court?
Yes, maritime lawyers can and do go to court when necessary. While many maritime claims are resolved through negotiations or settlements, some cases require litigation.
If your case goes to trial, a maritime lawyer can do the following:
- Present evidence supporting your claim
- Cross-examine witnesses
- Argue your case before a judge or jury
Litigation is often necessary when disputes over liability or compensation cannot be resolved amicably. For this reason, it’s critical to have an experienced maritime lawyer by your side.
What Are the Risks of Not Hiring a Maritime Lawyer in New Orleans?
If you don’t hire a maritime lawyer after a maritime accident, you’ll risk:
- Missing critical deadlines
- Accepting a low settlement offer
- Being unprepared for legal proceedings
- Overlooking potential sources of compensation
By hiring a qualified New Orleans maritime lawyer, you can ensure your rights are protected and your settlement is fair.
Consult a New Orleans Maritime Attorney Today
Working at sea can be dangerous. Many things can go wrong on a vessel, and these accidents have the potential to cause severe injuries.
If you’ve suffered a maritime injury in New Orleans, you don’t have to file a claim alone. A New Orleans maritime attorney can assess your case, gather evidence, and pursue damages on your behalf.
Our team of lawyers at the Cueria Law Firm is standing by to help you with your admiralty law case. The sooner you reach out, the sooner we can begin fighting for the compensation you deserve.
