Maritime Personal Injury Lawyer – An admiralty attorney, also known as an admiralty attorney, handles legal matters arising from United States maritime law. Offshore lawyers work differently than land-based lawyers. This specialization stems from the nature of the conflict in the sea. Ships, cargo and people move from one place to another – often across jurisdictions and beyond cities. Maritime law has evolved over the centuries to meet the needs of ship owners, ship operators, shippers, port managers and other industries working on water.
Maritime law is the broad body of laws, regulations, common law principles and statutes that govern maritime disputes. There are many sources of maritime law, including US statutes, centuries of common law, federal statutes, international conventions, and sometimes even state statutes. An important aspect of maritime law is the concept of “uniformity”, sometimes called “uniformity in admiralty”. Congress and most of the nation’s courts favor uniform water laws across the country.
Maritime Personal Injury Lawyer
Maritime lawyers are specialists, which means they have experience and specialized training in maritime law. Most maritime lawyers will only deal with maritime matters. Broadcasting law must be uniform across state and federal courts because broadcasting attorneys often practice in a wide range of jurisdictions. Water attorneys sometimes work with attorneys general on cases filed jointly with water utilities.
What Is A Maritime Lawyer?
Although maritime law itself is a legal specialty, maritime lawyers are still developing their niche in the field. Some examples of lawyers responsible for posting are:
The statistics are clear: Working, traveling and exercising in water can be dangerous. The Coast Guard reports that in 2020 alone, 5,265 recreational boating accidents resulted in 3,191 injuries and 767 deaths. Despite strict safety regulations for boating professionals, workplace injuries are still among the most common in the country. For example, the Centers for Disease Control and Prevention published data showing an average of 117 deaths per 100,000 commercial fishermen and four deaths per 100,000 workers among other US occupations. Package? The cruise industry creates many injuries. Issues that personal injury attorneys handle include:
Personal injury compensation is recognized under maritime law among professional seamen and passenger/pleasure sailors. The crew member’s injuries may include:
Injured passengers have no claims under the Jones Act, damages, or indemnity and redress. Instead, they have a claim under the Statute of Frauds for negligence. Negligence under maritime law is similar to negligence under most state laws. These are obligations, damages, causes and damages. Ship owners owe their passengers a duty of care. If they breach the duty and the passengers are injured, the insurance company or the court can hold the owner of the vehicle liable.
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Maritime law covers most commercial injuries aboard a boat, while state law covers most injuries that occur on land. But what about the workers who work in the port loading and unloading cargo? Are they salty or not? To bridge the gap between seafarers and non-seafarers, Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA), which is administered by the United States Department of Labor and covers many amphibious personnel. Like workers under most public workers’ compensation systems, longshoremen cannot sue their employers for workplace injuries. However, LHWCA officials may have the right to sue negligent third parties, including the vessel owner under LHWCA section 905(b). In narrow circumstances, section 905(b) may also permit a limited claim against an employer acting as a shipowner. This is a complex area of law.
It is often said in the shipping industry that 90 percent of everything is transported by ship. Simply put: There’s a lot on board. And more stuff on the boat means more property damage claims when things go wrong. The load may fall from a height or fall into water; you can run it at the wrong temperature or burn it. As a result, compensation is paid by the cargo owner against the shipper or charterer. Maritime lawyers use laws such as:
Congress enacted COGSA in 1936 to incorporate the Hague Convention into US law. It regulates the rights and obligations of the cargo owner and the ship owner. COGSA provides many legal protections to carriers. It can also reduce the carrier’s liability to $500 per package if the shipment is damaged while in the carrier. COGSA only applies to shipments to/from the US.
The Harter Act was passed in 1893 and limited COGSA applications. The Harter Act applies to cargo transportation between ports in the United States. With a few key exceptions, the Harter Act works almost exactly like COGSA. This is another complicated part of the law.
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Certain types of contracts are subject to maritime law and are handled by maritime lawyers. Examples include third party payers (vessel dues), vessel deliveries, vessel repair contracts, freight contracts and vessel service contracts. Forum selection clauses, choice of law clauses and arbitration agreements are common terms in shipping contract disputes.
Environmental pollution caused by shipping is a complex and controversial subject under US shipping law. Although water lawyers handle the most common cases, the range of applicable laws is wide. Relevant standards may include MARPOL (International Convention for the Prevention of Pollution from Ships); Clean Water Act; The Oil Pollution Act of 1990; The Water Conservation, Research and Prohibition Act; Resource Conservation and Recovery Policy; and other state laws.
Also read: What does it take to become a lawyer? Do you want to make a positive impact on the lives of others? Interested in law but don’t want to go to law school… When should you hire a maritime lawyer?
Maritime lawyers serve clients in all aspects of the maritime industry: ship owners, ship operators, freight forwarders, passengers, longshoremen, longshoremen and more. If you are involved in a dispute involving a vessel or commercial route, you should contact a maritime lawyer. Some salty facts that require a water law expert:
Savannah Maritime Attorney
A common misconception is that you only get paid to hire a water lawyer. In most cases, water attorneys offer free consultations to learn about your case first. You can also contact a number of alternative lawyers and confirm that the consultation is free of charge. For injured parties, some forwarding companies may work on a contingency basis, meaning the lawyer will not get paid until you do.
Whatever you do, don’t hesitate. Shipping disputes, like other legal claims, are subject to limitations that may ultimately bar your claim entirely.
Maritime law is complex and full-time lawyers are few. If you think you need the help of a boating attorney, begin the process of interviewing attorneys as soon as possible. Fleet managers are knowledgeable resources and professional advocates who want to know more about your situation.
Adam Deitz is a boating injury attorney at Mariner Law, PLLC. Adam is also a licensed sailor with experience sailing on commercial cruises on both sides. He is proud to use his years of experience to represent those injured in or around the navigable waters of the United States, including Jones Act boaters, cruise passengers, long-haul travelers and recreational boaters.
Maritime Injury Lawyer Mandeville — John Robin Law Personal Injury Lawyers
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We and our third-party partners may also use cookies and tracking technology for advertising purposes. These third-party services collect information about your use of our website to play or display advertisements on the devices you may use, as well as on other websites, applications or services. A maritime lawyer is a lawyer specialized in maritime law. . Maritime law is the body of law that regulates activities at sea and in maritime waters as well as shipping. A maritime lawyer can handle various types of shipping claims such as marine damage, shipping or cargo disputes, contract disputes and many other types of claims.
William Gee Personal Injury Law Firm
Award-winning maritime attorneys, Margulies & Winkleman, P.A. With more than 165 years of combined experience and more than $300 million in awards won for our clients, and many notable and successful cases in our papers, it’s no surprise that our firm is named.
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