Being out at sea comes with a fair share of risk involved. For instance, the rate of injury for maritime workers is 4.7 times higher than the ordinary land-based occupation. Whether recreational or work-related, maritime injuries are a prevalent issue.
If you or a loved one were injured while working out at sea, you might be wondering how to recover for your injuries. But taking on your own case could be difficult. Maritime law could be difficult to navigate without the experience and knowledge of a George County maritime injury lawyer. Reach out and discover how an experienced personal injury attorney could assist you and your quest for recovery.
Maritime injury law in George County could be separated into two categories. The first category is under personal injury law, and the second is covered under the Jones Act.
Under regular personal injury law, those that experience property damage or personal injury while at sea may pursue recovery by filing a personal injury claim. Plaintiffs could file a negligence claim to recover for injuries or damage to their boat. In order to bring a negligence claim, the plaintiff would have to prove that the defendant breached their duty to act as a reasonably prudent person under the circumstances, which caused the resulting injury or damage to occur.
Those that qualify as a seaman under the Jones Act could have a different pathway to recovery. A seaman is typically someone who works as a crewmember or captain on a vessel, may not seek workers’ compensation. Instead, they are required to seek recovery under three options pursuant to federal law.
First, a seaman may sue their employer for negligence under the Jones Act to recover damages. Second, they could sue the owner of the vessel where their injury took place. And third, an injured seaman as the right to receive maintenance and cure, regardless of fault. Seaman bringing negligence claims under the Jones Act against their maritime employers have to show that the place of work was not reasonably safe and that they failed to use the proper care to maintain the vessel in a reasonably safe condition.
Those seeking damages for a maritime accident in George County have to file their personal injury claim within the statute of limitations. A statute of limitations is a time limit designated by each state that gives plaintiffs a certain window of time to file their lawsuit. Mississippi Code §15-1-49 gives plaintiffs three years from the date of the accident to file their case. Failure to file on time would result in losing the right to bring the cause of action in court.
Plaintiffs may seek economic and non-economic damages in addition to any property damages they suffered from the maritime accident. Non-economic damages would include pain and suffering or emotional distress related to the injuries. Economic damages would compensate a plaintiff for monetary losses such as medical bills or out-of-pocket expenses incurred as a result of the injury. It is best to reach out to a diligent George County maritime injury lawyer to learn about which types of damages may be available.
Suffering through an accident or injury out at sea is a stressful experience. The struggle of having to fight for legal recovery after already going through such an experience could be overbearing to endure without support.
A George County maritime injury lawyer could guide you through the process. They could review your case and help you develop a strategy for success. With the help of a legal professional fighting for your rights, you could feel more confident and less overwhelmed in your recovery efforts. Call today to get started on your case.