TX SURFACE AREA MARITIME INJURY ATTORNEY IN HOUSTON
Patrick Daniel Law’s Houston maritime attorneys are qualified to take on sophisticated marine damage cases that other Houston maritime law companies perceive to be too complicated.
Admiralty law, sometimes known as Houston maritime injury law, is full with oddities and inconsistencies. Only a knowledgeable marine accident attorney can see these anomalies, and we do so in every case that comes to our Houston law office.
Houston maritime employees may be at a disadvantage in some nautical situations. Compared to ordinary maritime injury claims, they provide a few advantages. But the only person who can make sense of it is an experienced Houston maritime attorney. Thus, if you’ve been hurt at sea and need a Houston maritime accident attorney, Patrick Daniel Law is here to help, whether you’re in Houston, Harris County, Pasadena, Baytown, or the distant suburbs. Get a free consultation with one of our Houston maritime attorneys.
With 20 years of experience practising maritime law in Houston, Texas, and around the Gulf Coast, Patrick Daniel is a legend among Houston maritime lawyers.
Patrick Daniel is well-versed in Houston maritime law disputes and the work performed at sea by hundreds of Houston-based maritime businesses. Patrick Daniel has represented both sides in maritime damage claims.
This is a list of the Houston marine injury cases he has overseen in Texas and abroad:
- Accidents on jack-up rigs
- Deck mishaps
- Tugboat mishaps
- Petroleum platform mishaps
- Barge mishaps
- Accidents in commercial fishing
- cargo ship collisions
- shipyard mishaps
TEXAS MARITIME LAW
Houston is much more than just a centre for the aerospace and oil industries. Houston, Texas, is the second-most populated city in the country for jobs requiring maritime freight transportation between U.S. ports, according to a recent poll. Only in adjacent New Orleans do more individuals labour in the maritime industry. Texas ranks third in the nation for cargo transportation between American ports when the labour force from all Texas ports is taken into account.
The Port of Houston, which yearly handles more than 8200 seagoing vessels and 215,000 barges, is made up of more than 200 commercial and public ports. There are a lot of maritime personnel in the Houston area.
So, it shouldn’t come as a surprise that Houston has a high number of maritime injury claims. Because maritime employees who are hurt at sea do not always have access to the same legal options as land-based workers, it will frequently be necessary for them to retain the services of a Houston marine injury attorney to protect their rights and aid in recovering damages as a result of their maritime injury.
Texas maritime lawyers
Houston maritime lawyers are many and knowledgeable about maritime law, but expertise is crucial. . The company’s founder and foremost maritime accident lawyer, Patrick Daniel, has fought hundreds of maritime injury claims and won large settlements for his clients.
Nevertheless, this process requires much more than just a skilled trial attorney. Any Houston, Texas attorney who wishes to represent marine personnel must be acquainted with the difficult, harsh, and unpolished nature of the work. That sets Patrick Daniel Law apart from other Houston, Texas, legal firms. He is skilled at it. His 20 years of maritime litigation expertise includes some time spent on the other side of the bench. He was raised in Louisiana.
Texas Maritime Accident Lawyers Are Needed in the Following Cases
Houston maritime injury lawyers are available to assist injured dock workers or seamen in obtaining the money they require to recover from serious harm and pay for ongoing medical expenses incurred while at sea. This covers any mishaps on “navigable waters” (rivers and oceans), as well as in harbours or docks.
Our maritime attorneys have fought for clients hurt in:
- Jack-up rig mishaps
- Accidental barges and tugboats
- accidents on deck
- accidents in the industry of fishing
- Overboards a ship
- cargo ship mishaps
- dredges going wrong
- accidents on oil platforms
- accidents in shipyards
- Cruise ship mishaps
The fact that marine mishaps frequently result in catastrophes is one noteworthy feature. Oil platforms can adversely alter the lives of workers, offshore oil rig explosions frequently result in catastrophic damage, and vessel collisions frequently result in fatalities. Whether a worker is suffering from injuries sustained in an enormous explosion or one caused by hazardous working circumstances, maritime attorneys battle to assist them obtain the compensation they are entitled to.
Fundamentals of Maritime Law
Federal statutes and general maritime law are two of the most important sources of maritime law. These sources give some of the nautical rules that are regularly used in circumstances involving ships, their passengers, and their crew.
Many of the fundamental legal principles relating to the sea and mariners are outlined in maritime law, including:
Seaman’s Right to Care
Seaman’s Right to Care and Treatment Benefits that an injured seaman receives from an employer during the healing process are maintenance and cure. Rent or a mortgage, electricity, property taxes, homeowner’s insurance, and food are all considered to be maintenance costs for a seaman. Cure is a benefit that covers the costs of medical care for a work-related accident, much as workers’ compensation benefits for employees who are based on the ground. A crew member or captain of a ship engaged in navigation is referred to as a sailor. Maintenance and cure, which is akin to worker’s compensation in that the employer must pay, does not require the sailor to demonstrate any blame for their injuries.
Jones Act
The Jones Act is a federal statute that allows sailors to legally sue their employer for personal injury damages. For a seaman to be covered by the Jones Act, they must work on a ship for at least 30% of their time. The Jones Act not only grants the seaman a legal right to sue their employer, but it also reduces the burden of proof required to establish a causal link between the employer’s negligence and the seaman’s injury. According to the Jones Act, the employer’s negligence only needs to be a contributing factor rather than the injury’s primary cause. Aspects of the Federal Employment Liability Act are also incorporated into the Jones Act. allegations made specifically in state court under the Jones.
Longshore and Harbor Worker’s Compensation Act
Under federal law, employees who work on harbours or vessels that are being repaired or built but who are not necessarily “seamen” nonetheless have certain legal rights. Workers who repair, build, or break ships are covered by this regulation, as are those who build harbours. Also, the injuries must take place on navigable waters or a nearby location, like a pier. According to this law, anyone hurt at work is entitled to financial compensation, medical attention, and survivor benefits. The Longshore and Harbor Worker’s Compensation Act is expanded to cover workers involved in offshore drilling on the Outer Continental Shelf by the Outer Continental Shelf Lands Act.
Several Burn Injuries a Marine Worker May Suffer
Depending on how severe the burn is, there are many degrees of burn damage. Radiation, friction, chemicals, electricity, high temperatures, and other factors can all result in burn injuries. In seagoing boats or offshore rigs, any of these burn dangers may be present.
Burn wounds can range in severity from minor to life-threatening, including:
First-Degree Burns: These are often surface burns that don’t necessarily need medical treatment but may cause discomfort and irritability.
Second-Degree Burns: This is a more serious burn that could result in blisters and go past the skin’s surface. It can take to heal a few weeks.
Third- and fourth-degree burns: Because they penetrate the entire layer of tissue beneath the skin, these burn injuries are the most severe. Structures like blood capillaries, sweat glands, hair follicles, and nerve endings are present in this layer. These burn injuries are far more serious, which means they will take longer to heal and require more medical care.
Complications of Severe Burn Injuries
If not adequately treated, severe burn injuries might result in catastrophic problems.
- Hypothermia is a condition where there is a loss of body heat as a result of skin injury.
- Your body will lose blood and other fluids due to hypovolemia caused by damaged blood vessels.
- infections brought on by the absence of protective barriers as a result of skin damage.
- The accumulation of scar tissue may lead to joint problems.
- An infection may lead to sepsis, a potentially fatal illness.
The price of hospitalisation for severe burns might reach six figures. In order to receive monetary compensation for your injuries, it is crucial to speak with a lawyer as quickly as possible. Without assistance, severe wounds can disrupt your future, therefore the sooner you speak with a marine burn injury attorney, the higher your chances are of getting the best result for your case.
Marine Brain Injury Lawyers in Houston
In the maritime sector, head injuries are a common occurrence; depending on the severity of the injury, lifetime care may be required. Despite the fact that many accidents resulting in brain injuries might have been avoided with the right safeguards, it often appears as though instances could not have been avoided. If that’s the case, you might be entitled to make a Jones Act claim.
The following are some of the most typical reasons for brain injuries:
- faulty machinery
- Conveyor belt mishaps
- Cargo and crane mishaps
- inadequate safety regulations or training
- faulty equipment storage
- inadequate safety equipment
- a lack of ship upkeep
- slip-and-fall incidents
- Brain Injury Types and Common Symptoms
A closed head injury or an open head injury are the two forms of head injuries that might occur to a maritime worker. A closed head injury is one in which the skull is not shattered, broken, or perforated. A broken or punctured skull is considered an open head injury. Although closed head injuries can be difficult to diagnose and may need prolonged treatment, open head injuries may appear to be more severe.
Brain injuries frequently manifest themselves as:
- Memory loss, difficulty focusing and paying attention are all symptoms of cognitive damage.
- Loss of vision, hearing loss, or loss of taste or smell are examples of sensory symptoms.
- Physical symptoms such as seizures, migraines, paralysis, sleeplessness, chronic discomfort, or problems speaking a foreign language.
- Irritability, rage, melancholy, and sharp mood swings are behavioral/emotional symptoms.
IT’S A DIFFERENT WORLD OUT THERE, Working at Sea
There are literally hundreds of marine companies in Houston, and despite their claims that they cherish their employees and the sacrifices they make, one slip on a slippery deck or one pallet of cargo collapsing in choppy seas can reveal how much or how little they actually care.
If you are harmed at sea, don’t trust your employer will treat you decently; instead, ensure sure your medical bills are covered. Several maritime lawyers in Houston will be eager to make the point that when an injury occurs, the rules of the game completely change. Also, there are different rules for workers aboard ships compared to those on land.
In situations involving maritime law, defendants attempt to conceal themselves by citing legal technicalities.
For instance, Workman’s Comp does not pay for incidents that occur at sea. But, thanks to the federal Jones Act, marine workers now have the option of suing their employers in order to recover damages. In addition, businesses must now maintain their ships to keep them seaworthy and safe to operate.
THERE IS NO DIFFERENCE BETWEEN ADMIRALTY AND MARINE LAW.
What does maritime actually imply, then?
Literally, the term “maritime” refers to anything involving the sea. Both commercial shipping and transportation as well as military actions are covered by this. The set of rules that control nautical activities is known as admiralty law, often known as maritime law.
In contrast to maritime law, the Law of the Sea governs international trade, mineral rights, the use of coastal seas, treaties, and international relations. Admiralty issues typically have a more localised focus and involve civil lawsuits, private parties, government bodies, and representatives of those bodies.
WHEN TO CONTACT A MARITIME ATTORNEY
When should I contact legal counsel following a maritime accident?
The short answer is “as soon as your ship docks in Houston.” Call or speak with an attorney as soon as you can if you have access to a cell phone or Wi-Fi while travelling and are allowed to make personal phone calls. If your ship allows employees to make personal calls, you are not subject to punishment if you use that time to call an attorney.
Giving the impression that you’re a “team” player who doesn’t want to cause a commotion by threatening legal action is a common error made by employees. The cost of defending an individual could be rather high that won’t even be to your long-term advantage. Many Houston maritime employees, or former employees who are no longer able to work, wish they had called a lawyer as quickly as they could after their accident.
THE JONES ACT/MERCHANT MARINE ACT OF 1920
Even if you’re a U.S. citizen working for a U.S.-based corporation on a ship with a U.S. registration once you sail out of Houston and leave the national boundaries of the United States, several laws created for your protection no longer apply. Thankfully, new laws come into effect that modify or even reinstate some of those protections.
One such law is the Merchant Marine Act. It is a comprehensive law that contains rules controlling marine trade between US ports in international waterways. The Jones Act’s Section 27 mandates that only vessels made in the United States be used to transport goods between U.S. ports. Although the terms “Marine Commerce Act” and “Jones Act” are frequently used interchangeably, the Jones Act is really a section of the Marine Commerce Act.
THE MERCHANT MARINE ACT
The Merchant Marine Act is one such regulation. A number of rules designed to safeguard you no longer apply once you depart Houston and leave the national borders of the United States, whether you are a citizen working for a U.S.-based company aboard a ship with a U.S. registration or not. Happily, fresh legislation takes effect that modifies or even restores some of those safeguards.
It is a thorough statute with regulations governing marine trade between US ports on overseas waterways. Only vessels built in the United States may be used to transport cargo between U.S. ports, according to Jones Act Section 27.
Although the terms “Marine Commerce Act” and “Jones Act” are frequently used interchangeably, the Jones Act is really a section of the Marine Commerce Act.
Other Jones Act provisions focus heavily on the rights of marine employees. These clauses contain, among many others:
The owner of the vessel is responsible for keeping it in a seaworthy and safe condition. If an injury happened as a result of the owner’s carelessness, the owner could be held liable.
To get the fair compensation, eligible sailors (officially known as seamen) who got sick or got hurt at sea might, if necessary, bring a lawsuit against their employers.
The concept of seaworthiness of a vessel is essential because it can alter the outcome of a case from one in which the best outcome would be the reimbursement of necessary costs (referred to as maintenance and cure) to one in which all of the victim’s losses are recovered.
WHAT DOES A “SEAMAN” DO?
The main clauses of the Jones Act are applicable to a unique type of workers known as a sailor. Filing injury claims is a legal acknowledgement that is crucial to the procedure. Yet, neither the Jones Act nor the Merchant Marine Act contain a legally obligatory definition of a sailor.
But, there is precedent, and marine attorneys for both parties must examine past cases to determine. Whether the plaintiff satisfies the requirements of a seaman. One must do more than only work for one of Houston’s numerous shipping companies. And spend time at sea while doing so to be considered a sailor.
Instead of a formal definition, the majority of maritime attorneys and judges typically agree on the one. That is provided below, despite the fact that it has undergone some linguistic transformation over time. And is still open to change.
Any individual engaged or employed in any capacity on board. A vessel is referred to as a “seaman,” with the exception of scientific workers, sailing school instructors, and sailing school students (source).
That is neat and compact and a refinement of the earlier, more complicated definitions, but the Jones Act somewhat halts progress by requiring that a worker spend at least 30% a seaman, one must spend at least one-half of his or her time at sea, onboard. This is a topic that the opposing sides in an admiralty court can argue over for hours. But in the absence of a comprehensive definition to direct us, it frequently becomes a hurdle in the way.
IF YOU ARE NOT ELIGIBLE TO BE A SEAMAN
ACT FOR THE COMPENSATION OF LONGSHORE AND HARBOR WORKERS
Employees may still be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act even if they don’t meet the qualifications for the seaman definition (LWHCA). The victim of an injury is entitled to monetary compensation for losses including medical expenses, lost wages, rehabilitation costs, etc., as well as survivor benefits in the case that the victim of the accident dies.
This is applicable to dock workers, shipbuilders, and construction personnel who were hurt while performing their jobs in the harbor’s wharf area.
The LWHCA’s provisions are different from traditional Workman’s Compensation legislation and normally offer a little bit better pay.
MAKING A NEGLIGENCE CASE
Maritime workers frequently have to rely on the Jones Act’s compensation provisions in the absence of the Workman’s Compensation safety net. Though maritime workers, in some ways, have a superior system at their disposal, it is important to get in touch with a marine accident attorney as soon as possible after an incident.
By relying on the provisions of the Jones Act, maritime workers can pursue negligence claims that extend beyond the standard maintenance and treatment for some injuries. When they bring a negligence lawsuit, they can get a larger payment and just need to demonstrate that the employer’s carelessness even somewhat contributed to the damage.
Companies may contend that employees must be aware of the serious risks associated with working aboard a seagoing vessel, but this defence does not absolve the employer or ship owner of responsibility. from responsibility if something goes wrong. Employers must build and maintain the ship in accordance with regulations, perform any necessary repairs, and guarantee a secure working environment.
They must exercise “due care,” foresee potential mishaps, and take precautions to avoid them.
There are other instances of neglect outside how the ship is maintained. Sometimes it’s necessary to hold decisions that put workers at an unfair risk accountable. Negligent behaviour can involve putting employees in risky maritime situations, disobeying safety rules, having them perform activities for which they are not qualified, or deviating from the protocol for handling seagoing cargo, among other things.
CATEGORIES OF MARINE ACCIDENTS
Maritime employees deal with challenges and endure conditions that would make most landlubbers fearful and hopeless. Although they generally are aware of the risks they face and have different strategies for dealing with them and reducing the risks, accidents sometimes occur.
The following are a few of the most frequent mishaps that result in injuries for maritime workers:
Accidental falls rank first in terms of injury claims. Slips happen frequently in rainy weather and can happen in crew quarters, on decks, and even in stairwells.
Bumps and crashes – Workers might be crushed by swinging booms, cranes, dollies, carts, machinery, and unsecured cargo.
Mistakes in lifting and carrying – Raising large goods can be dangerous on a tilting deck in a swell. Even under ideal conditions, heavy lifting is a risky exercise.
Illness – Not every claim is the consequence of an accident. Occasionally, crew members can become ill as a result of unsanitary conditions and poor meal preparation.
An injured worker can only receive medical attention while the ship is at sea from the onboard medical staff, sometimes known as the infirmary or sick bay. If the personnel isn’t adequately trained, it might either be a real asset or a big risk. A cargo helicopter may be necessary in dire situations, but whether one can be deployed depends on the weather and the state of the sea.
DON’TS WHEN FILING A MARITIME CLAIM
A marine mishap nearly always makes the ship’s local news. That kind of information cannot be kept a secret. But regardless of the severity of the injury or how it happened, it’s crucial to keep an eye on the facts since, in the end, it will be up to you to explain what happened.
Management will naturally want to talk to you as soon as they find out about your accident. Talking should always be done with considerable caution. Despite your desire to avoid being rude or useless, you must speak up for what you believe in. Never consent to a statement that will be recorded. You cannot be required to give a recorded statement at any point during the process.
The sum of your compensation will be directly correlated to how careless the employer or ship owner was if you decide to engage with a maritime attorney and file a claim. Insurance company adjusters and the attorneys on their side are masters of manipulation, so anything you say before the case goes to court can be distorted and used against you. Never think you can outsmart a seasoned expert!
Never sign any contracts, accept any settlement offers, or make any declarations without first consulting a marine lawyer.
DO’S AND DON’TS FOR FILING A MARITIME CLAIM
Yet, you must fill out an accident report as part of the claims process. The distinction is that when you write an accident report, you are in charge.
Without being forced to respond to tricky inquiries on the moment, you have time to consider your responses and clearly establish the facts.
Get the names of any coworkers or passersby who saw what happened or perhaps even saw a potential safety hazard that led to your injuries.
Daniel Patrick Law in Houston should be contacted straight away. They will examine your case, help you with the accident report, and work with you to compile a brief account of what happened. Based on the sensitive information you give them, they can tell you if your lawsuit has a good chance of succeeding and, if it does, how much compensation you might be entitled to.
When you hire a maritime attorney, things change.
Houston’s high commercial density, especially in the maritime industry, makes it easy for information to flow quickly. When one of the businesses in the Houston area gets sued in court for maritime injuries, the other businesses in the area pay attention.
Sincerity dictates that neither party in a marine injury case desires a trial.
Many people don’t. In actuality, the majority don’t. The other party frequently decides at the last minute that an out-of-court settlement is in their best interests when a maritime attorney joins the case to defend the victim.
The first “sign here and we’ll be done with this” offer is frequently replaced by one that is more substantive and equal. Techniques of intimidation usually stop, and for the most part, they’ll leave you alone and speak to your lawyer directly.
A maritime injury claim should never be made on your own. The laws you may be used to are extremely dissimilar from maritime law. Also, it is ever-evolving. The Jones Act and the Merchant Marine Act have undergone various revisions since their inception. There are currently suggestions for more modifications and even for their revocation.
HOW DO THE EXAMPLE CASES COMPARE TO YOUR MARITIME CASE?
Although Houston-based maritime attorneys firms. And their employees have been parties to hundreds of maritime injury lawsuits, new instances keep coming up. The American cases that are listed below can be used. As models for similar situations that may arise in the future.
American Seafoods v. HOFFAS (2018)
After attempting to reach a control that ought to have been simpler to reach, a crane operator hurt himself. The ship’s owner and operator, American Seafoods, was held accountable for failing to provide a secure workplace.
His bosses required him to operate a mid-ship crane on the trawl deck. The crane could typically be operated wirelessly by a remote control, allowing employees to use it in inclement weather. The chief engineer, however, had disabled the remote control so that the crew wouldn’t misplace it, therefore it wasn’t in use on the day of the accident.
To use the crane, the worker had to climb a ladder up to the control tower. The ladder was inadequate even though it was required by written business policy that the rungs be evenly spaced. The lack of a hand rail and suitably spaced rungs caused the worker to fall, gravely hurting his knee.
The case was won because the ladder didn’t follow even the company’s established safety policy. The prize money was $900,000.
TRAWLER RACER INC (1960)
This matter was taken all the way to American Supreme Court. And established a current benchmark for what constitutes seaworthiness and reasonable care.
Frank C. Mitchell, a fisherman on the fishing vessel Racer, slipped on a staircase because of mud on the handrail.
He filed a lawsuit claiming carelessness and unseaworthiness of the ship. The ship’s owner claimed that the crew was unaware of the handrail’s condition. That it was only temporary, and that the vessel had been maintained with reasonable care.
The Jones Act’s standard maintenance and cure for negligence was upheld by the jury, who found both parties to be in the right.
The defendant, however, was not found guilty of the seaworthiness charge.
Mitchell appealed the ruling, claiming that the trial judge erred in requiring the jury to be told that the defendant had to be aware of the slime on the railing and made a decision.
Not to address it in order for the jury to find for the plaintiff’s petition for unseaworthiness.
The appellate court sided with the lower court. Because it believed that the plaintiff had not proven that the ship’s crew knew about the slime in advance. When the case ultimately reached the US Supreme Court, it was, however, overturned.
The court’s decision was written by Associate Justice Potter Stewart. Who said that a ship owner’s duty to provide a seaworthy vessel goes beyond just exercising reasonable care. And that a short-term problem that renders a vessel unseaworthy does not relieve the owner of responsibility.
GAUTREAUX vs SCURLOCK MARINE INC (1995)
Gautreaux (first name withheld) was severely damaged when an electric winch unexpectedly activated. Causing a manual crank handle he had mounted on top of the winch to fly off. To free the locked winch, he had begun turning the manual crank. The crank handle struck Gautreaux in the face and eye.
Gautreaux sued Scurlock Marine for negligence. And failing to produce a seaworthy vessel on the grounds. That he had not been given the necessary training to operate the manual crank.
Scurlock refuted this, saying Gautreaux had received in-depth training on the towboat Brooke Lynn, the scene of the disaster, including instructions on how to use the manual winch crank.
He allegedly should have taken more safety measures to protect his own security.
According to Scurlock’s legal representatives, the court erroneously applied the legislation.
The court ruled that it could not change the Jones Act’s “slight care” requirement. Regardless of whether it was fair or correct. It added that it would be up to higher courts to alter how the law was interpreted. And for legislators to alter the legislation itself. The jury found Scurlock to be 95% at blame and Gautreaux to be 5% at fault, and they gave him $854,000. A judge on appeal later lowered that sum to $736,925.
A PROFESSIONAL MARITIME ATTORNEY IN HOUSTON
You’re not the only one if the aforementioned case examples have you perplexed. Maritime law is intricate, open to many interpretations, and prone to changes.
Patrick Daniel Law is the finest option for handling any case involving a maritime injury. Patrick Daniel first worked on the defence side of maritime accident claims. He gained experience by studying maritime negligence defence techniques. Such as hiding witnesses and evidence, using stalling techniques, and intimidating clients.
He shifted to the plaintiff’s side of maritime law twenty years ago. Since, then, he has devoted his life to fighting for those who have sustained marine damage.
A skilled trial lawyer
Being a skilled trial lawyer, he not only knows the task. But is also a master craftsman at the bargaining table and in court. He is a native of Louisiana and was up surrounded by workers in the maritime sector. His clients have included offshore oil rigs, jack-up rigs, drilling rigs, anchor handling vessels, towboats, crew boats. And others who work on the high seas and the outer continental shelf.
Neither you nor the people on the opposite side of the courtroom will be able to confuse Patrick with marine jargon.
Houston, Texas, or even the Gulf Coast are not the only places Patrick Daniel Law practises law. Louisiana, Mississippi, Alabama, Florida, and even North Carolina have all sent him clients.
Get a free consultation of Houston maritime attorneys by contacting Patrick Daniel Law. We’ll let you know if you have a marine case that can be won. If you don’t, we’ll also let you know. Until we successfully resolve your marine injury lawsuit on your behalf, there is no fee. Keep an eye out for dishonest businesses or ship owners. Who may be trying to avoid paying you for your loss. Both the law and Patrick Daniel Law are on your side.
A Houston maritime attorneys: When should I consult him?
Injured dockworkers and sailors are assisted by our maritime injury attorneys in our personal injury law firm in obtaining the money they need to recover. Serious injuries frequently necessitate costly medical interventions. Above all, these wounds may have a long-term negative psychological, emotional, and financial effect on your life.
This can cover a wide range of mishaps that take place on “navigable waters,” such as rivers, bays, oceans, harbours, and docks. Our Houston marine injury lawyers are knowledgeable with maritime law. We are also familiar with the maritime industry’s best practises and culture.
For a free case evaluation and to discuss your legal alternatives, get in touch with us.
WHAT CHARACTERSISTICS DEFINE ADMIRALTY LAW?
Admiralty law evolved the legal rules that apply to marine workers and the sea. These essential ideas give our Houston maritime lawyers a framework on which to help you hold negligent parties accountable. This includes the following:
- Seafarers and wage creditors are given a security interest to ensure payment through the authority to place a maritime lien against a vessel.
- Rescuers are eligible to win a marine salvage prize when they discover objects that were lost at sea.
- Shipowners have a duty to take reasonable care of their crew and passengers.
- When a passenger is hurt due to negligence, they have the ability to sue the shipowner.
- The Entire Costs of Maritime Accidents May Be Recovered with the Assistance of a Houston Maritime Injuries Lawyer
From our law office in Houston, TX, we provide legal aid for cases involving maritime injuries. Clients who have contracted illnesses or sustained injuries at work are served by Texas attorney Andrew Cobos.
After a serious accident, you might be responsible for a number of costs. These costs have a direct impact on your life. Yet, such an effect took some time to become apparent. These early effects are typically pretty obvious:
- being unable to work
- High-cost bills
- Distress and suffering
- Rehabilitation
Top guidelines about Houston maritime attorneys 2023 (FAQ)
Questions for Houston’s Maritime Injury Attorney
DA Are There Certain Circumstances Under Which Maritime Law Applies?
An incident must have happened on a ship and in navigable waters in order for a claim to be taken into account under maritime law. Also, the claimant had to be performing their work obligations.
Are Any Fundamental Provisions Included in General Maritime Law?
Employers are responsible for making sure employees can do their duties in a secure atmosphere. Also, employers are required to offer maintenance and cure if workers sustain an injury while doing their jobs.
Which Accidents Might Maritime Employees Have on Oil Rigs?
Working on an offshore oil rig will include a lot of physical labour, long hours, and exposure to noisy gear. Workplace demands that require bending, lifting, or twisting can result in injuries. Fortunately, slips, trips, and falls, traumatic brain injuries, as well as fire and chemical burns from oil rig explosions, are less frequent, but they can still occur. You can be eligible for compensation if you become hurt or ill while working on an offshore oil rig.
Are pirate attacks protected by maritime law?
Because of the unpredictability of the times, piracy assaults in international waters can and do occur. The Jones Act will be used by an experienced maritime injury attorney to assist you recover lost wages and medical costs if you were hurt at sea as a result of a pirate attack.
How long does the Jones Act’s statute of limitations last for maritime injuries?
Houston area residents who retain Cobos Law Firm trust them to timely submit claims on their behalf when they experience an offshore injury and need a marine injury lawyer. A maritime worker who sustains an injury at sea has three years from the date of the injury to launch a lawsuit.
What are maintenance and treatment?
An employer must provide maintenance and cure compensation to a maritime worker who has suffered a work-related illness or injury. The actual costs of an employee’s monthly living expenses, such as rent or mortgage payments, necessary utility bills, groceries, taxes, and insurance, are covered by maintenance payments, which are often made on a weekly or biweekly schedule.
However, cure payments take care of the costs of medical care and therapy for the illness or damage. Even if the injury leaves you permanently disabled, these payments won’t endure forever. Benefits for maintenance and cure continue until the injured worker’s doctor determines that they have made the greatest amount of progress medically achievable.
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