How Maritime Lawyers Evaluate Cruise Ship Crew Member Injury Cases Under the Jones Act

   How Maritime Lawyers Evaluate Cruise Ship Crew Member Injury Cases Under the Jones Act

How Maritime Lawyers Evaluate Cruise Ship Crew Member Injury Cases Under the Jones Act When a cruise ship crew member is injured while working aboard a vessel, they may and often do qualify for Jones Act compensation for their maritime injuries. For a cruise boat crew member to qualify for compensation under the Jones Act, either the injured party must be American, or the vessel must be an American-flagged vessel. When our cruise injury lawyers first speak with an injured cruise employee, we will need to know the following information: The name of the cruise ship on board which the crew member was injured The date of injury and the details of how you were injured The name of the employer How many contracts the crew member has worked for this employer The position/title of the injured party while working aboard the vessel The home country of the employee If the injured employee is currently receiving medical care and if so, where Whether or not the injured party is receiving maintenance and cure In your own words, please tell our cruise ship injury lawyers what was the negligence of the cruise boat that caused your accident An injured crew member is entitled under maritime law to receive both maintenance and cure. Maintenance is a daily amount paid to an injured seaman for cost of living including food and lodging. Cure is payment of reasonable medical expenses result in from the injury. An injured cruise ship worker is also entitled to receive unearned wages to the end of their contracted sea voyage or contract for employment. General maritime law also provides the tort remedy of unseaworthiness, strict liability for the ship owner with regard to its non-delegable duty to insure its cruise ship is reasonably safe and fit for its intended purpose. To recover under this theory of liability, an injured crew member must prove the cruise line failed to provide a "seaworthy" cruise ship. Each year, cruise ship employees are injured or killed due to cruise ship negligence. Inadequate vessel maintenance and failure to inspect equipment on board the vessel that the crew might use frequently contribute to serious injury and death. The Jones Act , a federal statute encompassing a considerable portion of maritime law, is the applicable law for the maritime law personal injury claims of ship crew members injured while working on the ship. Jones Act claims are a very complicated and specialized field of law. When you speak with injury lawyers, please be sure to ask them how many maritime cases they have handled in their career. Experienced maritime lawyers will have handled hundreds, if not thousands of cruise ship crew member injury cases. Texas maritime lawyer Stacey E. Burke. of Schechter, McElwee, Shaffer & Harris, LLP personal injury law firm has worked with numerous individuals who have been seriously injured as the result of someone else's negligence. Our firm's Texas Personal Injury attorneys are here to help you through the difficulties of your offshore injury case. Our TX law firm represents plaintiffs against insurance companies, trucking companies, maritime employers, government agencies, hospitals, nursing homes, pharmaceutical companies and others. From offshore oil rig accidents and cruise ship injuries to automobile accidents, spine injuries to traumatic brain injury, workers compensation to 18-wheeler crashes, our firm handles most Texas Personal Injury and Wrongful Death cases. You can count on our law firm's 45 years of experience handling tens of thousands of personal injury claims.

Maritime lawyers evaluate cruise ship crew member injury cases under the Jones Act by following a specific process to determine whether the Jones Act applies and whether the injured crew member is entitled to compensation. Here are the steps that maritime lawyers typically follow: Determine if the Jones Act applies: The Jones Act is a federal law that provides legal protection to seamen who are injured while working on a vessel. To determine if the Jones Act applies, maritime lawyers will evaluate whether the injured crew member meets the legal definition of a "seaman." Assess the employer's liability: If the Jones Act applies, maritime lawyers will assess the employer's liability for the injury. This may involve investigating the circumstances of the injury, identifying any negligence on the part of the employer or other crew members, and evaluating whether the employer provided a safe work environment. Calculate damages: If the employer is found to be liable for the injury, maritime lawyers will calculate the damages that the injured crew member is entitled to receive. This may include compensation for medical expenses, lost wages, pain and suffering, and other losses. Negotiate a settlement: Maritime lawyers will often attempt to negotiate a settlement with the employer or their insurance company to avoid going to court. If a settlement cannot be reached, the case may proceed to trial. Represent the injured crew member in court: If the case goes to trial, maritime lawyers will represent the injured crew member in court and present evidence to support their claim for compensation. In summary, maritime lawyers evaluate cruise ship crew member injury cases under the Jones Act by determining if the Act applies, assessing the employer's liability, calculating damages, negotiating a settlement, and representing the injured crew member in court if necessary. By following this process, maritime lawyers can help injured crew members recover the compensation they deserve.

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