Choose a lawyer in an accident abroad is an important decision in your life as a Marine. Can mean the difference between paying compensation injured small and large jury award or a cash settlement in your favor. This is why it is necessary to find the accident lawyer maritime skilled, experienced and knowledgeable in the law, the Jones Act.
In light of this Federal Law 1920 and the courtroom precedents established since then, the wounded sailors and seamen and maritime workers and workers abroad to have a legal right to claim compensation for financial losses if injured at work. Includes workers on offshore oil platform or mobile platform gas.
And can be sued in the Jones Act on your behalf in federal court, which is to say the U.S. District Court for the area where the defendant resides or is based. This means you may have tried in the court proceedings that are not near where you live, but where the employer or the employer has offices. But you also have the right to file in state court, thanks to the savings clause of the suitors of the U.S. Constitution.
Either way, keep in mind that most lawsuits injury - are dealt with through out of court settlements, not trial - a clear majority, in fact. May you never have to appear before the court.
Also, the suitors under the savings clause of the Constitution of the United States, working as a Marine you have the legal right to file suit on the Jones Act in state court instead.
Jones to receive the protection of law, it has become necessary that the injured worker abroad can prove that he or she performs a function on board the ship, vessel or drilling rig, which contributed to its mission. It is also necessary to prove that the alignment of a ship or rig, or with another vessel, a fleet of ships, and the incident was caused by unseaworthiness or negligence of the owner, captain or crew.
Also keep in mind that you do not need to sign anything to seek protection Jones Act. In fact, it is advisable not to sign any document, especially from your employer, so you may consult a lawyer familiar with the Jones Act, which can work in your behalf.
Of course, you have other legal options to pursue economic recovery for the injured abroad. These options can include legal and workers' compensation, as well as the law of shipyard workers. For the survivors of maritime workers who die on the job, a legal option is death to the law on the high seas, or DOHSA.
However, for various reasons, none of this high percentage and protection to those of the Jones Act.
For one thing, and financial recovery under the Jones Act tends to be higher than those offered by other legal remedies. As federal law and the Jones Act also provides longer statute of limitations (three years), compared to other legal protection.
Also, a group that tracks the justice abroad by the Jones Act has a legal right to claim compensation for the economic lot of things. These include wages lost as a result of the injury, and medical expenses required by the injury; and pain and suffering to the worker to bear the result of the injury.
Suffering and pain is well known, and which has no formal schedule of cash, non-pecuniary damage. Other legal options for marine incidents, such as the death of the law on the high seas, do not provide non-pecuniary damage. Jones Act does not.
DOHSA does not permit workers' compensation to the employee filed a lawsuit against the employer for injuries suffered at work. Jones Act does not.
Victims of injury abroad can also seek "maintenance and cure" of the employer. This option is legal, provided for in the Jones Act, maritime law, including the amounts paid to the employee by the employer to cover the expenses of daily living while he or she can not work ("maintenance") and cover the costs of necessary medical ("treatment").
However, these amounts may be very small compared with the cash settlement the injured worker can be provided protection by the Jones Act - and an experienced Jones Act lawyer.
In fact, many of the legal options await you if you have been injured in an accident abroad. And one way to start is evaluated with the help of a lawyer familiar with the Jones Act. Can come from a C o. Adler & Co., and the law of the State of Texas in a company veteran of thousands of Texas and put their trust for more than 30 years.
Notify C "Texas Hammer" Adler of the private maritime accident cases today, and launch a process to make your family's financial security with the Jones Act lawsuit. Probably your best legal option to be your first choice Accident Lawyer Adler abroad to lead the legal team.
