June 10, 2023

Understanding the Importance of the Jones Act From a St. Mary Parish Jones Act Attorney

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The Jones Act, officially known as the Merchant Marine Act of 1920, is a federal law that plays a crucial role in the United States’ maritime industry. As a St. Mary Parish Jones Act Attorney, Cueria Law Firm, LLC specializes in helping clients navigate the complexities of this legislation. In this article, we will discuss the importance of the Jones Act, the differences between Jones Act cases and regular personal injury cases, and how a New Orleans Jones Act Attorney or Maritime Attorney can assist you.

The Jones Act: A Brief Overview

The Jones Act is a federal statute that supports the development and maintenance of the United States’ merchant marine. The primary purpose of the legislation is to facilitate commercial activity and serve as a naval auxiliary in times of war or national emergency. Among other provisions, the Jones Act requires shipping between U.S. ports to be conducted by U.S.-flagged ships, with American crews.

Key Provisions of the Jones Act

The Jones Act has several important provisions that impact the maritime industry:

  1. S.-flagged ships requirement: Shipping between U.S. ports must be conducted by U.S.-flagged ships, with at least 75% of the ownership stake held by U.S. citizens.
  2. Crew nationality requirement: A ship’s crew must consist of a majority of U.S. citizens.
  3. Ship construction requirement: Ships must be built and registered in the U.S.
  4. Federal Employer’s Liability Act extension: The Jones Act extends the Federal Employer’s Liability Act (FELA) to seamen, enabling injured seamen to bring personal injury actions against their employers.

Importance of the Jones Act

The Jones Act serves several crucial functions in supporting the U.S. maritime industry:

  • Revitalizing the maritime industry: The law was enacted to rejuvenate the U.S. maritime shipping industry, which had been depleted after World War I.
  • Promoting national security: The Jones Act ensures that the U.S. has a robust merchant marine, capable of supporting the country during times of war or national emergency.
  • Generating jobs and economic activity: The Jones Act supports an estimated 650,000 American jobs and generates $150 billion in economic activity each year.

Jones Act Cases vs. Regular Personal Injury Cases

There are notable differences between Jones Act cases and regular personal injury cases:

  1. Legal basis: Jones Act cases are based on federal maritime law, while regular personal injury cases are generally based on state law.
  2. Venue: Jones Act cases can be brought in federal district court or state court, and the defendant cannot remove the case from state court to federal court. Regular personal injury cases are typically filed in state courts.
  3. Jury trial: Although maritime law generally does not afford plaintiffs the right to a jury trial, the Jones Act grants plaintiffs that right in personal injury actions.
  4. Burden of proof: In Jones Act cases, the plaintiff must prove negligence on the part of the employer, but the burden of proof is lower than in regular personal injury cases. A plaintiff need only show that the employer’s negligence played a part, however small, in causing the injury.

How a St. Mary Parish Jones Act Attorney or Maritime Attorney Can Help

If you or a loved one has been injured while working in the maritime industry, it is crucial to consult with a knowledgeable St. Mary Parish Jones Act Attorney or Maritime Attorney. An experienced attorney can help you understand your legal rights, navigate the complex Jones Act regulations, and pursue the compensation you deserve.

Services Provided by a New Orleans Jones Act Attorney or Maritime Attorney

A St. Mary Parish Jones Act Attorney or Maritime Attorney can provide a variety of services to assist clients with their Jones Act claims, including:

  1. Case evaluation: An attorney can evaluate your case to determine if you are eligible to file a Jones Act claim and ensure that all deadlines are met.
  2. Investigation: A skilled attorney can conduct a thorough investigation to gather evidence to support your claim.
  3. Negotiation: An experienced attorney can negotiate with insurance companies and other parties on your behalf to seek a fair settlement.
  4. Litigation: If necessary, a Jones Act Attorney or Maritime Attorney can represent you in court, advocating for your rights and fighting for the compensation you deserve.

Cueria Law Firm, LLC: A Trusted St. Mary Parish Jones Act Attorney

Cueria Law Firm, LLC is a personal injury firm based in St. Mary Parish, Louisiana, that specializes in representing clients in Jones Act cases. Our team of experienced attorneys understands the unique challenges that maritime workers in St. Mary Parish face and is dedicated to helping clients navigate the complexities of the Jones Act.

If you have been injured while working in the maritime industry, contact a St. Mary Parish Jones Act Attorney at Cueria Law Firm, LLC today. Our team is here to help you understand your rights, navigate the legal process, and pursue the compensation you deserve.

 

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