New Orleans Maritime Lawyer

Maritime Accident Lawyer in New Orleans

Maritime accidents can cause devastating injuries. As a result, victims often face serious medical, financial, and emotional challenges.

If you were injured at sea, you may have the right to pursue compensation. However, maritime law is complex. Therefore, working with an experienced attorney is critical.

Since 1993, Cueria Law Injury Lawyers has recovered millions for injured clients across Louisiana. If your injury was caused by negligence, our New Orleans maritime lawyers can help you pursue maximum compensation.

What Is the Difference Between Common Law and Maritime Law?

Understanding the difference between these two systems is important.

• Common law applies to incidents on land

• Maritime law (also called admiralty law) applies to incidents on navigable waters

While common law relies on court precedents, maritime law is based on federal statutes and international rules. As a result, maritime claims often follow different procedures.

Who Does Maritime Law Apply To?

In general, maritime law applies to individuals working or traveling on navigable waters.

For example, it may apply to:

• Seamen and crew members

• Longshoremen and harbor workers

• Offshore oil rig workers

• Passengers on ships or boats

• Shipowners and operators

If your work or activity takes place on the water, maritime law likely governs your case.

Nearshore vs. Offshore Workers

Maritime law distinguishes between nearshore and offshore workers. Therefore, your job location can affect your legal rights.

Nearshore Workers

Nearshore workers operate close to land. For instance, they may work in:

• Ports and harbors

• Docks and shipping terminals

• Tugboats or ferries

Typically, these workers are covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Offshore Workers

On the other hand, offshore workers operate farther out at sea. In many cases, they face greater risks.

Examples include:

• Oil rig workers

• Commercial fishing crews

• Cargo ship crew members

These workers are often covered under:

• The Jones Act

• The Outer Continental Shelf Lands Act (OCSLA)

Where Does Maritime Law Apply?

Maritime law applies to navigable waters. These include:

• Oceans and seas

• Large rivers used for commerce

In the United States, jurisdiction typically extends up to 12 nautical miles from shore. Additionally, certain offshore activities may fall under maritime law up to 200 nautical miles.

Because these rules can be complex, an attorney can help determine if maritime law applies to your case.

When Does Maritime Law Not Apply?

In some situations, maritime law does not apply.

For example:

• Incidents on small, non-navigable waters

• Accidents that occur entirely on land

• Claims governed by state workers’ compensation laws

Therefore, it is important to have a lawyer evaluate your situation.

Who Enforces Maritime Law?

Several authorities enforce maritime law. Depending on your case, these may include:

• U.S. Coast Guard (USCG)

• Federal courts

• International Maritime Organization (IMO)

• State authorities (in certain nearshore cases)

Because jurisdiction can vary, legal guidance is essential.

Common Maritime Accidents

Maritime environments are dangerous. As a result, many types of accidents can occur.

Common examples include:

• Vessel collisions

• Fires and explosions

• Capsizing or sinking

• Slip-and-fall accidents

• Equipment or crane failures

Each type of accident may involve different legal issues. Therefore, working with an experienced maritime lawyer is important.

Common Maritime Injuries

Maritime injuries are often severe. In some cases, they can be life-altering.

These injuries may include:

• Traumatic brain injuries (TBIs)

• Spinal cord injuries

• Broken bones

• Burns

• Drowning or hypothermia

If you suffered any of these injuries, you may be entitled to compensation.

How Long Do You Have to File a Maritime Claim?

Filing deadlines vary depending on the type of claim.

For example:

• Under the Jones Act, you typically have three years to file

• Other claims, such as those under the LHWCA, may have different deadlines

Because deadlines are strict, it is important to act quickly.

How Do You Prove Negligence?

To prove negligence in a maritime case, you must show:

1. A duty of care existed

2. That duty was breached

3. The breach caused your injury

4. You suffered damages

An attorney can help gather evidence and build your case.

Dealing With Insurance Companies

After a maritime accident, insurance companies often try to reduce payouts. For example, they may:

• Deny liability

• Offer low settlements

• Delay your claim

Therefore, you should avoid speaking directly with adjusters. Instead, let your lawyer handle communications.

What Damages Can You Recover?

You may be entitled to several types of damages, including:

• Medical expenses

• Lost wages and future earnings

• Pain and suffering

• Disability or disfigurement

• Loss of consortium

Because every case is different, an attorney can help determine your potential compensation.

What Can a Maritime Lawyer Do for You?

Maritime cases can be complex. However, a skilled attorney can guide you through the process.

Your lawyer can:

• Evaluate your claim

• Identify applicable laws

• Gather evidence

• Negotiate with insurers

• Represent you in court if needed

As a result, having legal representation can significantly improve your outcome.

Do Maritime Lawyers Go to Court?

Yes, they do. While many cases settle, some require litigation.

If your case goes to court, your lawyer will:

• Present evidence

• Cross-examine witnesses

• Advocate on your behalf

Therefore, having an experienced trial lawyer is essential.

Risks of Not Hiring a Maritime Lawyer

Without legal representation, you risk:

• Missing important deadlines

• Accepting a low settlement

• Losing valuable evidence

• Overlooking compensation opportunities

For this reason, hiring a maritime lawyer is one of the most important steps you can take.

Speak With a New Orleans Maritime Attorney Today

Working at sea is dangerous. Unfortunately, accidents can happen at any time.

If you were injured in a maritime accident, you do not have to handle your claim alone. At Cueria Law Injury Lawyers, our team is ready to help.

Contact us today for a free consultation.
The sooner you reach out, the sooner we can begin fighting for the compensation you deserve.