What Is The Jones Act?
If tragedy ever strikes, and you find yourself injured while at sea, regulations and legal precedent are quite different from a typical personal injury or negligence case. For those that sustain injuries while on land, regulations are well understood by most generalized lawyers - but maritime injury may be different. For this reason, you may not want to settle for a personal injury lawyer that does not have a proven record of marine litigation success. Rather, be sure to team with a qualified, expert maritime law firm as you review your rights and consider bringing a suit against the owner or operator of any ocean-going vessel. The legal regulations for filing an admiralty lawsuit against an employer or owner/operator of an ocean-going vessel can be complicated. In order to begin the process, a lawyer can help you start by determining some or all of the following pieces of information vital to the success of your suit. The origin of the vessel Nationality of employees on the ship Whether the victim is a full-time employee of the operator or owner Whether the victim is a paid passenger The seaworthiness of the boat or rig Nationality of waters
According to the Jones Act, all ships travelling between two U.S. ports must be American owned and operated, constructed in America, and staffed by an American crew. So, if your injury occurred while working or travelling on a trip between two points in the United States, your attorney should begin helping you to determine whether you have a case, according to local, state, and federal law. In many cases, suits brought against American owners and operators can be filed in state courts, up to 3 years after the accident occurred. However, if you were on a cruise, or were not travelling between two American ports, a different country may host your case. Many international and local cruises have very strict regulations, which you agree to when you buy a ticket for passage. For this reason, make sure that you keep a file of any ticket stubs and other information obtained while purchasing a ticket. This documentation may become vital in your maritime injury suit. Be sure to contact a qualified legal professional quickly, as you could have as little as one year to file a claim. However, these kinds of suits typically must be enforced in federal court, after the ship has been seized by law enforcement. It is also important to know that employees and professionals that work primarily on boat, rigs, or other vessels may receive compensation for accidents taking place while they are not at sea. Whether an injury occurs on- or offshore, employees are due monetary recompense for time lost, medical bills, rent, utilities, and more. Employers are required to provide complete support for employees injured on the job. If you have any question at all about the rights you have under local or international laws, contact a firm of qualified admiralty lawyers . Teaming with the right attorney is vital to securing your rights and protecting your quality of life.
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