Determining When the Jones Act Applies

The Jones Act is a vital piece of maritime law that incorporates nearly every maritime job in the United States. Of course, before running off to find the world’s best maritime injury lawyer, one should be sure that their injury at sea qualifies under the Jones Act.

Injury at sea can be incredibly dangerous and those who put their lives in harm’s way are likely to experience some sort of injury during a lifetime of service. Injuries covered under the Jones Act range from large to small, and of course, there are special addendums to cover accidental death at sea.

Under specific admiralty law, maritime injuries require covered under this special clause are to be deemed accidental in the case of a seaman of servitude. The term servitude covers a wide range of sea going occupations, including but not limited to merchant sea-persons, commercial fishing, shrimp boats, water taxi and ferry personnel, as well as divers, drivers, and all other underwater personnel. In the event that a sea-person of servitude does not receive the appropriate compensation for an injury obtained at sea, the natural course of action is to retain an appropriate maritime injury lawyer to determine the eligible status of the injury and its related circumstances.

The law is not as simple as most believe. It isn’t always a simple correlation between injury and lawsuit. Sometimes a person can get hurt, fault can be determined, and a maritime attorney can file the appropriate lawsuit. Other cases are much more complicated and there are circumstances where a maritime attorney can do nothing on behalf of the injured party. This is why it is vital that the appropriate maritime injury lawyer is sought out and consulted with.

In some cases, the Jones Act will apply to a sailing instructor and even a camp counselor at a sailing camp. Depending on various factors involved, sometimes the Jones Act doesn’t apply. While the maritime injury lawyers are quite busy keeping up with changes to existing law, lay people should refrain from making assumptions about what applies to them and what doesn’t. Sometimes, it is all simply a matter of circumstance. Without a consultation, it is nearly impossible to determine an injured party’s eligibility for protection under the Jones Act.

Admiralty law was designed to protect the merchants and the sea-persons who have continuously placed their lives at risk in servitude to their country’s defense. While this was originally an English inclusion (as it applies to the United States) admiralty law has grown to cover various aspect of a life at sea. The protection under the laws which were granted are in place to not only compliment existing laws regarding workplace safety and liability, but also to intercede and assist judgments and final rulings in cases that are in direct conflict with maritime law.

After all many maritime laws are not necessarily on equal footing with laws of the land. When these laws were originally concocted for the appropriate protections pertaining to seamen, many lived without setting foot on dry land for years on end, with no desire to ever become a land dweller.

While times have changed since the original English inception of maritime law, the laws haven’t always adhered to modern day interpretations of maritime life. This means that a maritime attorney is the only viable resource for determining the effects of the law pertaining to an injury at sea.

A maritime injury lawyer may be able to procure large settlements and award judgments for those who have sustained an injury at sea, while at the same time, depending on the language of the law and the circumstances surrounding the injury itself, a maritime injury lawyer may not be able to procure even the most nominal medical expense for the injured party.

Life at sea, whether it is an entire life, a whole life, or a season of a life, is vastly different from life on land. While there are numerous unmatchable beauties and thrills that coincide with a life at sea, there are also innumerable dangers. It can not be assumed that just because one has gone to sea regularly for the past thirty years without incident that their luck will hold out.

Even the best of vigilance, precaution, maintenance, and care can not always prevent the unforeseen and the unpredictability of the weather. Life at sea is for a very select few, and those select few understand the implications of entering life among the waves. After all, if they didn’t, they would simply stay ashore.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

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Understanding the Value of Admiralty Law

In this day and age, Admiralty Law seems like a thing of the past to those who are not directly affected by its principles. Also known as maritime law, this principle governs everything from shipping to wharf operations to recreational rules and regulations. Without Admiralty Law, the waterways and oceans would become a place of pandemonium and “might makes right” seamanship. Obviously, these laws were put in place for a reason.

Despite the fact that many people of this day and age don’t realize the implications of piracy on the waterways, especially international waterways. Piracy falls under the areas of inclusion where Admiralty Law is concerned. All too often those affected by piracy end up feeling powerless against their intruders and never really effectively deal with the impact of piracy.

While the movies may make piracy out to be a beatable force with a little determination and creativity, in reality, a man with a machine gun at your face isn’t something that can be deterred by swinging ape like around on the boom. While most cases of piracy are never prosecuted, there are a few cases on the books that prove that a little evidence and a high quality maritime injury attorney can change the outlook of someone who has been abused by piracy.

Maritime law, or Admiralty Law also extends to disputes regarding recreational accidents. This mean when the uninsured yahoo who has had way too much to drink, anchors in forward, skips the backing down, and launches himself merrily into another beer shouldn’t be surprised when the boats downwind of him rely on a maritime injury attorney to recoup the damages caused by his boat at three in the morning when the wind kicks up and he breaks free.

Of course, breaking free can happen to anyone, but anyone who has spent any time on the water knows that there are preventative measures and there are encouraging measures. Maritime injury lawyers are flooded with cases stemming around those who forgot to take their preventative measures.

Injury at sea is also included under Admiralty Law. This applies mostly to those who make their living on the water in one form or another, as well as to principles of safety involving merchant sea-persons and the U.S. Coast Guard. It also applies to the skipper who is taking an overloaded boat out for a day sail and for whatever reason drifts off into a day dream or takes his attention away from his responsibilities, backwinds the sail, and sends one of his crew members for the day careening into the waters, where if he’s lucky enough to stay conscious he may only have a concussion to deal with.

Maritime injury lawyers usually do a reasonable consultation on these types of cases to determine fault, evidence, and if the case is tri-able in the long run. Injury at sea can be very serious and costly for both recreational boaters and those who earn their paycheck from the water. No injury at sea should go without a consultation by a maritime injury attorney.

Admiralty Law as it applies to the injury at sea goes hand in hand with the Jones Act. The Jones Act was determined to be the ruling government of issues relating to injuries that occur on the water or along the water’s edge basically, that was a direct influence involving monetary gain. This means that dock workers, commercial fishermen, merchant sea-persons, and even barge construction crews all fall under the Jones Act protection laws.

If a worker is injured while earning a living at sea or a sea related activity, they really should immediately contact a maritime injury lawyer to determine if their case is relevant to the Jones Act. If it is, they should acquire specialized representation, as there are different rules and regulations regarding the Jones Act as it applies to injured workers when compared to regular worker’s compensation. These differences are very important and they should be explained by a down to earth maritime injury lawyer.

Of course, there are thousands of situations that apply to the Jones Act and Admiralty Law. There simply isn’t the capacity to cover them all in one article, or even a dozen for that matter. The bottom line is pretty simple, if it relates to an injury at sea or other damage caused by negligence or a preventable situation, the type of lawyer a person chooses does matter.

While a recreational sailor can hold a drunken anchoring job accountable for damages to his boat under either the Admiralty Law or through a regular attorney for negligent behavior. The laws and standards of proof are a bit different from each other and one should consider very carefully before deciding which way to go. Just because as a society we are more familiar with lawsuit derived from negligence claims doesn’t mean that this is the better alternative.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

What Happens After an Injury at Sea?

Despite the extensive safety classes offered for both commercial and pleasure sea going individuals, an injury at sea can happen at any time, and can be very terrifying. After all, the resources to remove someone from a vessel who is seriously injured are really minimal in comparison to receiving assistance on land. After the helicopters and rescue teams create a big fuss and get an injured victim safely to an on shore medical facility, what happens next?

Medical bills for an injury at sea tend to be much higher than those for injuries sustained on land. In most cases, some sort of rescue effort was made either via boat or air to get the injured party to the appropriate medical facility. Just like a ride in the ambulance comes at a cost, so does a chopper evacuation or a boat rescue. Coupled with the extensive damage that can occur during a rescue, even a broken leg or arm can rack up serious medical bills in a heart beat. In some cases, there is nothing the injured party can do.

In cases involving liability or work related injuries, the only way to financially protect what has taken a lifetime to build is to call a maritime injury lawyer. A maritime injury attorney can go over the case, ask the appropriate questions, and determine whether or not the injury falls under provision made in the Jones Act.

The Jones Act is a valuable doctrine that determines liability and financial obligation relating to injury at sea regardless of whether the injury was sustained in the pursuit of commerce, protection of the country, or personal pleasure. The Jones Act is used to determine the rights of an injured victim and how much and if they are entitled to compensation and damages stemming from the accident.

Obviously, a maritime injury attorney can do nothing if the accident was the fault of the injured party. There was a story in a prominent sailing magazine a few years back that told the story of a man who ran himself over with his own dinghy. He had apparently stood up while underway and the dinghy ran into a sandbar, lurching and sending the gentleman several feet in front of the dinghy.

The auxiliary engine did not have a safety cut off switch attached to his wrist, and of course with his weight out of the boat, it continued to progress and ran him over, cutting his face. Accidents such as these happen more regularly than could ever be printed.

A maritime injury attorney could do nothing in this situation, unless there was an emergency cut off switch that failed, or there was some other sort of safety mechanism that did not respond during the emergency. Nevertheless, this particular gentleman was still encouraged to contact a maritime injury lawyer just to be sure that his case was not tri-able.

When accidents occur involving safety equipment, the first call after alerting family members to the situation, should be to a maritime injury attorney. A thorough assessment by a maritime injury lawyer can often determine whether damages to cover the medical costs as well damages to cover any permanent injury are attainable.

For many families, this is the only viable means of paying the extraordinary costs associated with such an accident as well as maintaining the lifestyle achieved before the accident. A higher percentage of injuries at sea lead to life long effects than injuries sustained on land. Research has not yet proven exactly why, but there are many theories to support the statistics.

When an accident is clearly the fault of another seagoing individual, whether this entails commercial accidents or pleasure boating accidents, a maritime injury lawyer becomes a vital part of the picture, just as the physicians, surgeons, and therapists. A maritime injury lawyer can oversee that the victim’s rights under the Admiralty Law and the Jones Act are being upheld. In the event that any party involved in the accident are in violation of Admiralty Law or the Jones Act, a maritime injury attorney can then step up and start filing on behalf of the injured victim.

All too often people who have sustained an injury at sea and are entitled to compensation under the Jones Act or Admiralty Law do not receive fair treatment. This is due in part to the propensity for calling the wrong lawyer. If an injured party contact the same lawyer they used to fight their speeding ticket or to draw up their legal papers, they are not likely to receive the type of representation they need. Maritime injury attorneys are devoted to a specialty, and thus have extensively studied the Jones Act and Admiralty Law.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Understanding Boat Accidents

What better way to spend your well deserved vacation than having a weeklong cruise at the Caribbean, having a cocktail on one hand, and a newspaper on the other. You work hard during those long overtime hours for the single determination that come this summer you would be spending the time of your life in your life long dream vacation. Just when you thought life could not get any better, you are suddenly dragged to reality and experience one of the most if not the most dreaded accident one could ever experience. You are a victim of a maritime accident. Maritime accidents or boat accidents for that matter have become so rampant in our present time. With the advent of advances in navigation, more and more people rely on this mode of transportation in moving from one place to another. Some people view the journey as being the safest mode of transport possible and available in our present day, some though are of the opinion that maritime travel is actually one of the most dangerous if not the most dangerous form of travel available in our present time.

Maritime travel has its own shares of dangers as like any other type of transportation available. The fact that you are traveling in an area where you may be as isolated as possible, and that it has depths only God-knows where it reaches are some of the inherent dangerous conditions in such mode of transportation. Not to mention the fact that there might be an instance when your travel is plagued by a typhoon or a cyclone, in such case, unlike when you are traveling by land where you can park your vehicle until the storm passes, you have no choice but to let the ebb and flow of the waves determine your destiny.

Boating accidents are real. Whether we like it or not, these accidents are not saved from the force of God or from the negligence of man. Accidents in the seas or in any other body of water happen, and they happen quite often, hence you must be prepared for such an occurrence. Nothing can beat a prepared body and mind on these occasions. Having the assistance of Boating Accident Lawyers would also be beneficial for your cause. So that the next time you have that cruise, you will not be awaken from a Titanic dream.

For more information about Boat Accidents, visit our Los Angeles Attorneys website

Atty Gabriel Cosh is a legal advocate and a pratitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

Boating Accidents

If you or someone you know has been a victim of a boating accident, you need an individual who basically understands what you’re going through especially when you are considering to file a lawsuit against the person who is at fault of the incident. I am referring here to a boating accident lawyer who knows the legal implications of your trial and who will be your greatest support along the process.

Basically, you need an experienced and competent boating accident lawyer to back you up in your case. Who would want a lousy lawyer? No one. And so, if you’re in this situation, you’ll want an attorney who has all the important set of skills and a winning professional background. What you’re going through isn’t easy so you really need somebody to support you, aside from your family and friends, in the persona of your boating accident attorney. He’ll be the one to evaluate your possibility of having a case and the amount of compensation that you deserve.

There are lots of boating accident lawyers who can be found wither online or locally. You can ask your friends and co-workers for recommendations. Also, have a lawyer recommend a boating accident attorney whom he knows too. Remember that a lawyer only recommends lawyers whom they trust and whom they believe in. You can also try online referral services where previously-screened lawyers will be matched to your lawyer requirements. This is the most efficient way to locate a proficient legal specialist.

Boating accidents bring pain and suffering to its victims especially to those people who have lost their loved ones from such incidents. Therefore, it is really important to have outstanding legal care to depend on so that you can recover faster. And as expected, your lawyer will guide you all throughout the legal process and towards a successful lawsuit. In addition, an experienced lawyer will always prioritize your case above anything else.

When a boating accident lawyer has already been practicing this area of law for quite some time, you can expect him to become a better establisher of truth and justice. He can already view every angle of the situation and say what legal actions to be given consideration. And as a victim, you also need to be knowledgeable and confident on your lawyer that your case will soon end up successfully. This is indeed a benefit on the part of the victims of the accident as you work together in your case.
About the Author

This composition was provided by a very reliable Ask Accident Lawyers Company. This article was composed to serve the interests of Los Angeles Accident Lawyers, Attorneys and Law Firms who are looking for reviews, suggestions, tips and more in the industry.

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Virginia Maritime Law

Admiralty, or maritime law, is the law of navigation, boating, shipping and covers land as well as marine waters. The laws, rules, and legal procedures relate to the use of marine resources, ocean commerce, and navigation. The history of maritime law dates back as far as 900 B.C. In earlier years, Maritime codes began to emerge in port cities and states throughout Europe; The Mariners and Merchants ultimately were responsible for the development of maritime laws. The early codes and customary practices developed by the Mariners and Merchants make up a large portion of the current U. S. maritime law. The contracts, torts, offenses, injuries etc. which result in sea navigation, boating, shipping or commerce make up Maritime law.

Clarke, Dolph, Rapaport, Hardy & Hull, P.L.C

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