what to look for in a jones act attorney

Requirements of a Good Jones Act Attorney

• • A lengthy history in Jones Act Law and positive case results – the last thing you want is to hire a lawyer who uses...
• • Know-how and resources – because a Jones Act lawyer has to prove the company’s negligence on behalf of injured seamen,...
• • Personal interaction – not all attorneys have the in-house knowledge to handle a...

Full Answer

How does the Jones Act work?

The Jones Act allows an injured seaman to sue an employer for negligence. In order to recover damages from the employer, the seaman must prove that the owner, captain, and/or crew of the vessel that the seaman worked on were negligent, and that their negligence was a cause of the seaman's injury.

Who is covered under the Jones Act?

seamenThe Jones Act applies to seamen who are working in service to a vessel in navigation. This does not mean that the vessel must be moving, it simply means the vessel must be in active operation. To qualify as a Jones Act seaman, an employee must have a substantial connection to a single vessel or fleet of vessels.

Why is the Jones Act good?

According to the Seafarers International Union, the Jones Act plays an important role in national security, environmental protection and worker safety and also ensures employment for skilled maritime workers.

What is the importance of Jones Law?

The Jones Law created the first fully elected Philippine legislature. The law was enacted by the 64th United States Congress on August 29, 1916, and contained the first formal and official declaration of the United States Federal Government's commitment to grant independence to the Philippines.

Focus On Jones Act And Maritime Injury Cases

When you need to see a doctor, you want to see a doctor that specializes in the type of injury that you have suffered. In the same way, you should hire a maritime lawyer who focuses his practice on handling Jones Act and maritime injury claims.

Extensive Courtroom Experience

It is amazing how many attorneys never actually go to court to argue motions or try cases before judges and juries. Maritime lawsuits are defended by the insurance companies and company lawyers. These company lawyers will fight every issue in your maritime case and this often involves arguing motions before the court.

Significant Financial Resources (Money!)

Your maritime injury claim will be expensive to successfully present to a judge or jury. Typically your claim will involve loss of past and future wages and fringe benefits. An economic expert is necessary to testify regarding this issue at trial. Your case may require a liability expert to show what the company did wrong which caused your injury.

Significant Office Resources (A Great Team)

Your maritime injury claim will require office resources and skills as well as financial resources. In order to successfully prove your case hours and hours of effort and work will be spent in accumulating the necessary documents and obtaining the necessary testimony to prove your case at trial.

Ready To Fully Prepare Your Case

This may be one of the most important requirements of your maritime injury attorney. Very often successful attorneys will have significant financial resources and office staff and they even have experience handling maritime claims. However, many of these attorneys will accept lots of cases but truly pursue only a few of these cases.

Respected by Other Attorneys

One of the primary things you want to consider is whether or not other attorneys refer maritime cases to the attorney that you are considering.

What to Look for When Researching Personal Injury Attorneys

If you or a loved one is injured performing a job offshore, it can have serious consequences. From steep medical bills and treatment costs to lost wages and income, an offshore injury can have expensive financial consequences.

An explanation of the different types of damages available to an injured seaman under the Jones Act

An explanation of the different types of damages available to an injured seaman under the Jones Act.

Damages Available Under the Jones Act

Under the Jones Act, an injured seaman is entitled to recover damages for:

Lost Earnings and Lost Earning Capacity

Lost earnings and lost earning capacity refer to the earnings that the injured seaman has lost, is losing, and will lose as a result of the injury.

Medical and Other Health Care Expenses

Medical bills and expenses include not just the bills that the injured seaman incurred for his/her past medical and health care treatment, but also the bills that he/she is reasonably likely to incur for future medical treatment.

Pain and Suffering

Pain and suffering can be broken down into physical and mental pain and suffering. Physical pain and suffering is the pain of the injured seaman's actual physical injuries, as well as the pain and suffering from scarring, disfigurement, and permanency of the injuries.

How to Calculate Pain and Suffering

There are no guidelines for determining the value of an injured seaman's pain and suffering. A jury cannot look at a chart to figure out how much to award for pain and suffering.