Thursday, August 26, 2010

Accidents on the Water - How You're Protected

Seamen, sailors, captains of boats, fisherman and other employees who spend their workday on the water are protected by Maritime Law. This type of law pertains to work-related or boating accidents which occur. Often these accidents occur to those people who are working on the water or on boats in the water.

Often victims of this array of accidents will be protected even further under the Jones Act. This kind of Act was developed to help protect the rights of seamen who might otherwise be uncovered legally since they work on the water. Lawyers who are knowledgeable and experienced in the Jones Act can help victims and their families feel confident they are protected and are legally represented well to find the compensation they rightfully deserve, as quickly as possible.

Fault of negligence is the basis of the Jones Act. After an accident occurs, the injury claim is investigated. If the investigation determines the negligence is the responsibility of the plaintiff the awarded amount is then subtracted out of the 100% compensation. For example, if in the investigation it is found the seaman is 30% negligent for the accident which occurred to him, the awarded amount will be the remaining 70% only.

This process is called Comparative Fault and via it the account of fault of everyone involved is determined. Lawyers who specialize in Maritime Law and the Jones Act most often work on contingency which means the lawyer is paid when the injured party collects their payment, as well.

While the injured person is waiting on their trial to be completed and their award to be given, they are qualified to gain “Maintenance and Cure”. This is financial assistance to help the injured person pay their bills, pay for food and pay for living expenses. This type of compensation continues until an awarded no-fault Worker’s Compensation is given. The “Cure” area of this kind of plan deals with the cost of medical treatment or any other costs needed to help the injured person regain their health. These things can help the injured person until the trial is over.

While injures on work related boats do occur, most water related injuries occur on recreational boats or watercrafts. Many times these involve jet skis, fishing boats, kayak or other water vessels. In these cases, a personal injury attorney would be beneficial as they can sort out personal negligence cases (which depend on the state when the accident occurred).

US Coast Guard reveals most drowning accidents are due to the result of personal negligence because not all states require boating training. They would expect the death rates to drop incredibly if all states did require training, however.

Lawyers who specialize in Maritime Law will help you if you or a member of your family is injured or killed in a boating accident. Contact one immediately to begin the entire process of gaining the compensation you deserve.

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