Defending Your Right To Compensation Under The Jones Act
Have you been injured in a maritime accident? To secure fair compensation from the company or person responsible for your injuries, contact Mulvihill Law Firm today and schedule a consultation with an experienced Jones Act lawyer in Everett.
What Is the Jones Act?
The Jones Act, also known as the Merchant Marine Act of 1920, is the first line of defense for injured seamen and passengers who are on the water. Categories of protected individuals include seamen/crew members, longshoremen, and even passengers aboard recreational boats.
The Jones Act or the Federal Maritime Law stipulates that boat operators have a duty of care towards passengers and employees. If this duty is breached and a negligent action causes injury, then you have the right to file a claim for damages.
Areas We Serve:
Seattle | Everett | Lynnwood | Mountlake Terrace | Shoreline | Edmonds | Mukilteo | Brier | Bothell | Bellevue | Remond | Marysville | Arlington
HOW CAN WE HELP?
Common Jones Act Claims
Maritime work can be dangerous, and when employers fail to maintain a safe environment, maritime workers can suffer severe injuries. The Jones Act allows a maritime worker to seek compensation when employer negligence is involved.
Here are some common forms of negligence that lead to a Jones Act claim:
- Unsafe Working Conditions: Employers must ensure a safe working environment. Negligence in this area includes slippery decks due to oil or grease spills, inadequate lighting, or hazardous obstructions that can cause slips, trips, and falls.
- Lack of Proper Equipment: Employers are required to provide and maintain necessary equipment. Negligence occurs when equipment is defective, improperly maintained, or missing. This can involve faulty safety gear, malfunctioning machinery, or inadequate tools.
- Insufficient Training: Proper training is crucial for the safe operation of equipment and tasks. Negligence happens when employers fail to provide adequate training, leading to improper equipment use, unsafe work practices, and accidents.
- Failure to Follow Safety Protocols: Employers must implement and enforce safety protocols. Negligence can be claimed if an employer does not establish or ignores these protocols, such as failing to conduct regular safety drills or not adhering to safety standards.
- Inadequate Staffing: Operating with insufficient crew can result in overworked employees, increased fatigue, and higher accident risks. Negligence claims can arise from injuries due to inadequate staffing, compromising safety and operational effectiveness.
- Improper Supervision: Effective supervision ensures that safety procedures are followed. Negligence occurs when there is a lack of proper oversight, leading to unsafe practices and preventable accidents. This includes not addressing known hazards or failing to correct unsafe behavior.
Understanding these common forms of negligence helps injured maritime workers recognize potential violations of their rights under the Jones Act. If you believe your injury resulted from employer negligence, contact an experienced Jones Act lawyer to pursue the compensation you deserve.
Navigating the Legal Process for a Jones Act Claim
Filing a Claim
Filing a Jones Act claim involves several crucial steps to ensure that injured maritime workers receive the compensation they deserve. Here’s an outline of the process from the initial reporting of the injury to the settlement or trial:
- Report the Injury: Immediately report your injury to your supervisor, captain, or vessel owner. Document the incident in writing, noting the details of how and when it occurred.
- Seek Medical Attention: Get medical treatment as soon as possible. Make sure to inform the healthcare provider that your injury is work-related and follow all medical advice and treatments.
- Document Everything: Keep detailed records of all medical treatments, expenses, communications, and any changes in your physical condition. This documentation is vital for your claim.
- Consult with a Maritime Injury Lawyer: Contact an experienced maritime injury lawyer to discuss your case. A lawyer can help you understand your rights, evaluate the strength of your claim, and advise you on the next steps.
- File a Claim: Your lawyer will help you file a Jones Act claim. This involves preparing and submitting the necessary legal documents to the appropriate court. The claim must detail the nature of your injury, how it occurred, and the negligence involved.
- Gather Evidence: Collect all relevant evidence to support your claim. This may include medical records, accident reports, witness statements, and any other documentation that can demonstrate employer negligence.
- Negotiation and Settlement: Often, employers or their insurance companies may offer a settlement to avoid going to trial. Your lawyer will negotiate on your behalf to ensure you receive fair compensation.
- Trial: If a settlement cannot be reached, your case will go to trial. Your lawyer will present your case, and a judge or jury will determine the outcome.
- Appeal: If the outcome is not favorable, you may have the option to appeal the decision. Your lawyer can advise you on the feasibility and process of filing an appeal.
Statute of Limitations
The statute of limitations for filing a Jones Act claim is a critical factor. This law sets the maximum time after an event within which legal proceedings may be initiated.
Under the Jones Act, the statute of limitations is typically three years from the date of the injury. However, certain circumstances can affect this time frame, such as:
- Discovery Rule: If the injury was not immediately apparent, the statute of limitations may begin from the date the injury was discovered or should have been discovered.
- Employer’s Misconduct: In cases where the employer’s conduct was fraudulent or intended to prevent you from filing a claim, the statute of limitations may be extended.
Filing within the statute of limitations is crucial. Failing to do so can result in the loss of your right to seek compensation. Therefore, it is essential to consult with a maritime injury lawyer as soon as possible after your injury to ensure that your claim is filed timely and accurately.
Jones Act Compensation
The kind of compensation you have access to depends on your injury, the circumstances that caused it, and how much maintenance and cure you’ve been provided by your employer.
By speaking with our Jones Act attorney Everett, you’ll be able to figure out which kind of compensation to pursue. Your case may include any number of the following:
- Lost wages
- Diminished earning potential
- Medical costs
- Maintenance and cure
- Pain and suffering
- Physical impairment
- Loss of enjoyment of life
- Future medical expenses
- Psychological suffering
- Punitive damages
Partner With An Experienced Jones Act Lawyer Everett, WA Today
Navigating the complexities of maritime law requires expertise and dedication. If you need to file a Jones Act lawsuit to claim lost wages, medical expense coverage, or other damages resulting from a maritime injury, get in touch with Mulvihill Law Firm today.
With over four decades of legal experience, our law firm in Everett is uniquely positioned to provide the comprehensive legal care your case needs.
Our experienced maritime injury lawyer are dedicated to securing the compensation you deserve for your maritime damages. We understand the intricacies of the Jones Act and are committed to advocating for your rights.
Why Choose Mulvihill Law Firm?
- Extensive Experience: With decades of specialized practice in maritime law, we bring a wealth of knowledge and expertise to your case.
- Personalized Legal Care: We take the time to understand your unique situation and craft a legal strategy tailored to your needs.
- Proven Track Record: Our history of successful outcomes speaks to our ability to effectively represent maritime injury victims.
- Client-Centered Approach: We prioritize your well-being and work tirelessly to ensure you receive the compensation and justice you deserve.
Don’t navigate the aftermath of a maritime injury alone. Partner with an experienced Jones Act lawyer in Everett, WA, and let us help you achieve the best possible outcome for your case. Contact Mulvihill Law Firm today to schedule your consultation and take the first step towards securing your future.
Friendly Atmosphere ● Convenient Location ● Free Parking
Areas of Practice in Everett, WA:
- Everett Personal Injury Lawyer
- Everett Car Accident Lawyer
- Everett Motorcycle Accident Lawyer
- Everett Truck Accident Lawyer
- Everett Wrongful Death Lawyer
- Everett Pedestrian Accident Lawyer
- Everett Bicycle Accident Lawyer
- Everett Dog Bite Lawyer
- Everett Slip and Fall Accident Lawyer
- Everett Premises Liability Lawyer
- Everett Brain Injury Lawyer
- Everett Spinal Cord Injury Lawyer
- Everett Catastrophic Injury Lawyer
- Everett Uninsured And Underinsured Drivers Lawyer
- Everett Insurance Company Disputes Lawyer
- Everett Maritime Injury Lawyer
- Everett Jones Act Lawyer
Mulvihill Law Firm PLLC serves clients in Mountlake Terrace, Lynnwood, Everett, Edmonds, Brier, Bothell, Mukilteo, Arlington Marysville, Shoreline, Seattle and all cities located in Snohomish County as well as all cities in the greater Puget sound area. Initial consultations are free and confidential.