Have you been injured or suffered the wrongful death of a loved one because of a maritime accident near Delray Beach, Florida? As a maritime worker, you have rights and protections under state and federal law. Call The Injury Law Firm, PA at (561) 800-4357 for immediate legal assistance.
Our experienced Delray Beach maritime accident lawyer can help you fight for the maximum financial recovery you need and deserve. Contact our Delray Beach law office for your free consultation today.
Why Choose The Injury Law Firm, PA To Help Me After a Maritime Accident in Delray Beach?
Backed by more than a decade of experience litigating high-stakes cases, The Injury Law Firm, PA, offers the kind of compassionate, personalized legal representation you deserve after a catastrophic maritime accident off the coast of Florida. We’re selective about the cases we take, so we’re able to leverage the full extent of our law firm’s resources, knowledge, and skills into every client’s fight for justice.
Choosing The Injury Law Firm, PA puts a top-rated Florida trial attorney right in your corner. Your case won’t be pushed off onto a case manager. Instead, you’ll work hand-in-hand with a respected litigator with a proven track record of winning tough maritime accident cases just like yours.
Call our Delray Beach, Florida, law office to learn more. Your first case review with a Delray Beach Maritime accident attorney is free.
What Is Federal Maritime Law?
Maritime activities are related to the sea and can include commercial fishing, oil and gas extraction, shipping and transportation, and other trades. The ocean, gulfs, and other offshore bodies don’t lie within a specific state’s jurisdiction. Federal maritime laws regulate maritime activities and, in many cases, offer protections when maritime workers get hurt on the job.
There are many different maritime laws. One or more of these laws might apply to you if you are injured in a maritime accident off the coast of Florida.
The Jones Act
The Jones Act, which is formally known as the Merchant Marine Act of 1920, protects a specific class of maritime workers who spend the majority of their time supporting a vessel in navigation.
These workers, known as seamen, can qualify for monetary benefits known as “maintenance and cure” and/or file a negligence lawsuit against their employer if they get hurt on the job.
You’ll be considered a seaman for Jones Act purposes if you:
- Work in support of a navigable vessel in navigable waters, and
- Spend at least 30 percent of your time on board that vessel.
A navigable vessel is a vessel that’s currently capable of traveling through navigable bodies of water. Navigable waters are capable of supporting commerce, transportation, or recreation. Typically, a body of water is considered “navigable” if it’s been used or is used to facilitate interstate or foreign commerce.
Maintenance and cure benefits are designed to offset a seaman’s medical expenses and pay for living expenses (e.g., housing, utilities) while they recover from their maritime accident injuries.
Additionally, seamen can sue their employer under the Jones Act if the employer was negligent and/or the worker was injured because their vessel was unseaworthy.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federally run workers’ compensation program for maritime workers that can provide money for medical care, temporary lost wages, and more permanent disabilities.
The reach of the LHWCA is greater than the Jones Act, covering individuals working in support of a vessel in navigation on the ship or on a supporting pier, dock, or terminal. This includes shipbuilders, longshore workers, harbor construction workers, mechanics, waterfront crane operators, harbor workers, and marine construction workers.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCSLA) extends LHWCA protections to additional workers, most notably those engaged in oil and gas extraction trades on offshore oil rigs.
Death on the High Seas Act
The Death on the High Seas Act (DOHSA) gives families of fatally wounded maritime workers the right to sue after a deadly maritime accident. Families can sue if negligence, default, or a wrongful act caused the wrongful death of their loved one. Damages can include money for lost wages, lost financial support, the costs of a funeral, and other pecuniary losses.
Representing Workers in All Types of Maritime Accident Cases
Our Delray Beach maritime accident attorneys fight passionately on behalf of workers who’ve been injured because of:
- Offshore oil rig accidents
- Barge accidents
- Commercial fishing accidents
- Tugboat accidents
- Cruise ship accidents
- Oil tanker accidents
- Cargo ship accidents
- Crane accidents
- Diving support vessel accidents
- Shipyard accidents
Whether you’ve been in a slip and fall accident, crushed by falling objects, electrocuted, involved in a ship collision, or hurt because your vessel in navigation ran aground, The Injury Law Firm, PA can help you understand your rights and fight to recover the life-changing monetary award you’ll need to move forward.
What Damages Are Available to Injured Maritime Workers in Delray Beach?
What damages you might be able to recover depends on what type of maritime injury claim you file. Different laws provide different remedies for maritime workers.
Most often, workers are entitled to seek economic damages to help offset the financial costs of their maritime accidents, which can include money for:
- Medical expenses
- Lost wages
- Disability
- Diminished earning capacity
- Out-of-pocket expenses
- Nursing care
- Rehabilitation
- Funeral expenses
If you have the right to file a personal injury lawsuit under the Jones Act, another maritime law, or Florida state law, you can potentially recover non-economic damages, too.
Non-economic damages help to acknowledge the trauma you experience as a victim, such as:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of consortium
- Reduced quality of life
Punitive damages might also be available if your maritime accident lawsuit goes before a Palm Beach County jury. In these situations, the jury can award additional compensation to punish the defendant if there’s convincing evidence of malice or gross negligence.
Can I Recover Compensation If I’m Partly to Blame For a Florida Maritime Accident?
Again, it depends on the type of maritime injury claim you file. Generally, maintenance and cure benefits and workers’ compensation benefits can be awarded without regard to shared fault. So, you can usually get compensation even if you contributed to a maritime accident.
However, contributory negligence is a different story when you file a civil lawsuit under state or federal law. Depending on the law, shared fault can and will affect your ability to recover damages.
Under Florida law, for example, shared fault results in a reduction in damages. You can receive damages as long as you’re not more than 50 percent to blame for your maritime accident. If you file a lawsuit under the Jones Act, your recovery can be reduced by your percentage of fault.
How Long Do I Have to Seek Compensation After a Maritime Accident in Delray Beach, Florida?
Different maritime laws have different statutes of limitations. The type of claim you file will dictate how long you have to take action.
- The Jones Act: three years
- Longshore and Harbor Workers’ Compensation Act: one year
- Death on the High Seas Act: three years
- Florida law: two years
You have to file your claim within the specific statute of limitations that applies to your situation. If you miss the filing deadline, you’ll lose the ability to recover monetary benefits and/or sue a negligent party for your maritime accident injuries.
How Can a Lawyer Help Me After a Maritime Accident?
While the aftermath of any type of accident can be confusing, few are as overwhelming as maritime accidents. Fortunately, you have the right to hire an experienced Delray Beach personal injury lawyer to help you understand your rights and take charge of your fight for compensation.
Count on us to:
- Investigate your maritime accident to know how and why you got hurt
- Evaluate all of your potential legal options for recovering compensation
- Gather key evidence during the investigation and discovery processes, including accident reports, medical records, eyewitness statements, vessel maintenance records, employer hiring and training policies, and forensic reports
- Consult independent expert witnesses to offer additional insight into non-legal elements of your case
- Assess your damages to understand what your maritime accident case is worth
- File your claim(s) with the appropriate parties and/or courts
- Personally represent you during claim-related negotiations, hearings, appeals, and/or at trial
Focus on getting better and trust our Florida maritime accident attorney in Delray Beach to fight for your best interests.
Schedule a Free Consultation With an Experienced Delray Beach Maritime Accident Lawyer
Call The Injury Law Firm, PA after a maritime accident in Delray Beach, Florida. You may be entitled to compensation, and our top-rated Delray Beach maritime accident lawyer can help you maximize your recovery. You’ll benefit from personalized, attentive legal representation backed by experience.
Contact our law office in Delray Beach, FL, to begin and schedule your free case evaluation today.
