From commercial shipping to personal injury claims, maritime law plays a crucial role in ensuring safe and fair maritime commerce and travel. You may also want to know more about maritime law if you were injured while working at sea. A Florida personal injury lawyer can act as your guide to Florida admiralty and maritime law, helping you understand your legal rights.
What Is Maritime Law in Florida?
Maritime law, or admiralty law, is a specialized branch of legal practice that governs navigation, shipping, and the transportation of goods and people across bodies of water. In Florida, where maritime activity thrives due to the extensive coastline and major ports, it is important to be aware of your rights under maritime law.
Maritime Jurisdiction in Florida
Florida’s maritime jurisdiction spans both state and federal courts, depending on the nature and location of the incident. Federal courts handle cases like vessel collisions and international shipping disputes, while state courts focus on more localized issues. Understanding which jurisdiction governs your case is important when pursuing or defending a maritime claim. A Florida boating accident lawyer can explain more.
Key Legal Principles of Maritime Law to Be Aware of
Some of the Acts that fall under maritime law include:
- Jones Act: 46 U.S. Code § 30104 provides injured seamen with the right to claim compensation from their employers.
- Longshore and Harbor Workers’ Compensation Act: Offers benefits to land-based maritime workers for work-related injuries.
- Maintenance and Cure: Requires employers to support injured seamen until they’re fit for duty.
- Limitation of Liability Act: Enables vessel owners to limit their liability following maritime incidents.
There could also be other laws that apply to your case, such as if you were hurt in a personal injury accident while on a cruise ship or participating in water sports.
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(855) 529-0269Types of Cases That May Fall Under Maritime Law
In Florida, maritime law governs a wide array of cases, reflecting the diversity of activities and industries that rely on safe, regulated waters. Some of the types of cases that fall under maritime law include:
- Work injuries: Maritime personal injury cases encompass injuries sustained by seamen, longshoremen, harbor workers, and others working in or around the water.
- Cargo disputes: Cargo disputes arise when goods are lost, damaged, or delayed during maritime transport. Claims may include failure to deliver cargo on time or in good condition, leading to significant financial losses.
- Salvage and towage: Salvage law rewards individuals or companies for rescuing imperiled vessels and their cargo. However, disputes often arise over fair compensation for these services, as well as the specific rights and responsibilities of salvors. Towage disputes, while similar, involve towing contracts and responsibilities.
- Recreational boating accidents: Florida’s popularity as a boating destination leads to numerous accidents involving privately owned recreational boats. These incidents often result from negligent operation, inadequate maintenance, or alcohol use. Injured parties can pursue compensation through maritime law principles, especially if commercial or tour operators are involved.
Injured Maritime Workers Have Legal Rights Under the Jones Act
The Jones Act allows seamen injured due to their employer’s negligence to recover damages. If a maritime worker sustains injuries while serving on a vessel, they can file a claim to seek compensation for various types of losses:
- Medical expenses: The Act covers both current and future medical costs related to the injury, including surgeries, medications, and rehabilitation.
- Lost wages: Injured workers can recover lost wages during their recovery period and any future income if the injury results in a diminished capacity to work.
- Pain and suffering: Compensation is available for physical pain and emotional distress endured because of the injury.
- Disability: If injuries lead to permanent or partial disability, workers can receive compensation for the long-term impact on their quality of life.
This ensures that injured seamen receive fair support and compensation, holding employers accountable for maintaining a safe work environment at sea.
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You Can Also Seek Compensation Under the Longshore and Harbor Workers’ Compensation Act
As an injured maritime worker, the Longshore and Harbor Workers’ Compensation Act (LHWCA) allows you to recover several types of damages. These include:
- Medical treatment: Full coverage of your necessary medical expenses, including hospital stays, surgeries, prescriptions, and rehabilitation.
- Disability benefits: Compensation based on your wage loss due to temporary or permanent disability, whether partial or total.
- Vocational rehabilitation: Access to retraining programs and job placement assistance if your injury prevents you from returning to your former job.
These benefits ensure you receive support for recovery and reintegration into the workforce.
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(855) 529-0269A Maritime Accident Lawyer Can Help You Pursue Legal Action If You Were Hurt
A maritime accident lawyer provides legal assistance, ensuring you seek the compensation you deserve after a maritime accident. Here’s how a maritime lawyer can help you:
- Case assessment: Conducts a thorough evaluation to identify negligence or safety violations leading to your injury, determining whether to pursue a claim under the Jones Act or the Longshore and Harbor Workers’ Compensation Act.
- Jurisdictional guidance: Advises on the proper jurisdiction, helping you understand whether your case should be filed in state or federal court, and which laws best support your claim.
- Comprehensive damage assessment: Evaluates all potential damages, including lost wages, medical expenses, and long-term disability, to ensure your compensation fully addresses both immediate and future needs.
- Evidence gathering: Collects crucial evidence like witness statements, incident reports, and medical records, while collaborating with maritime experts to strengthen your claims.
- Negotiation and litigation: Negotiates assertively with employers and insurance companies to secure a fair settlement and is prepared to represent your interests in court if necessary.
Call Chalik & Chalik Injury Lawyers to Discuss Your Maritime Accident Case
If you were injured on the water in Florida and need legal guidance, our team is here to support you. You can work directly with our partners, Jason and Debi Chalik, who have years of experience handling maritime accident cases.
Call us today to discuss your case during a free initial consultation.
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(855) 529-0269
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