Tampa Maritime Accident + Injury Attorney
In Florida, people spend a lot of time on boats or around the water. You might be on a cruise ship or work as a longshoreman on a dock or a seaman on a vessel offshore. If you are injured out on the sea, your legal claims for damages may be governed by maritime law. This can be a complex legal field, and you should get help from a lawyer immediately.
Maritime law typically applies to accidents and injuries that occur in “navigable waters,” which include bodies of water used for interstate or international trade and commerce. The open ocean, harbors, bays, and similar bodies of water may be governed by maritime law. If you work as a seaman on a vessel engaged in interstate or international commerce, you may sue your employer for your injuries under the Jones Act. You need an experienced attorney to help you.
Contact our maritime accident and injury attorneys at Rivkind Margulies & Rivkind for a free case review by calling us at (305) 204-5369.
What Kind of Accidents Are Maritime Accidents?
If you are injured in an accident, the law of the state where you were injured usually applies to your case. But what happens when someone is injured on a ship at sea? Which state law rules? The answer is that no state law applies. Instead, a federal body of law known as maritime law covers cases like this.
Accidents that occur offshore or in navigable waters used for interstate or international commerce may fall under maritime law. This means that people injured on cruise ships or charter boats, and workers such as longshoremen, can file claims for damages under maritime law.
However, you do not always have to be out to sea to be governed by maritime law. Harbor workers and people working at docks or ports may also fall under maritime law.
Can I Sue My Employer if I am Injured in a Maritime Accident?
For people like longshoremen or seamen working on vessels at sea, filing injury cases against employers works differently. These workers may sue their employers under The Jones Act.
The Jones Act is a provision of the Merchant Marine Act of 1920. It is a federal law that regulates various aspects of maritime trade and commerce. According to 46 U.S.C. § 30104(a), injured seamen may sue their employers for damages after an accident while working.
Under the Jones Act, an injured seamen, longshoreman, or other employees working offshore may sue their employers for certain accidents. Workers’ Compensation does not usually cover these workers, and the Jones Act allows them to sue their employers for damages if they are injured.
Filing a Maritime Case for Cruise Ship Accidents in Tampa
If a person is hurt while on a cruise ship, suing for damages may be tricky for a number of reasons. First, the case might be governed by maritime law. Second, how you may pursue compensation depends on the terms contained within your ticket.
Your ticket is one of the most important parts of the case. It is the contract between you and the cruise line. It may contain terms regarding liability and how legal claims must be resolved, including jurisdiction, such as maritime law.
Where was the ship when your accident happened? The venue of your case may vary depending on whether you were offshore or if the accident happened while the ship was docked at a port.
Damages Available in Tampa Maritime Accident Cases
Damages in an injury case under maritime law tend to be similar to what would be awarded in ordinary personal injury cases.
First, our maritime accident and injury attorneys will account for your medical. Depending on how the accident happened and the nature of your injuries, you might need extensive medical care, which will likely be expensive. If your injuries are severe, we may also want to account for future medical needs.
Next, we should account for your lost wages. Your injuries may be serious enough to prevent you from working for a while, as you should be compensated for your lost earnings. This may be especially important in cases of plaintiffs injured while on the job.
It is also important to claim damages for distress, suffering, and other painful experiences. Many injured victims live with the trauma of what happened for a long time. They may experience psychological injuries and experience a decline in their mental health.
When You Must File a Maritime Accident Case
If your case is governed by maritime law, so is your time limit to file your case. Most civil injury claims must be filed within a certain time established by the statute of limitations. Maritime law is no different.
According to 46 U.S.C. § 30106, which is the statute of limitations for injury cases under maritime law, you have 3 years to file your case. This time typically begins on the day of the accident, and you should consult with an experienced attorney about filing your case as soon as possible.
Evidence Needed to Prove Liability for Maritime Accidents and Injuries in Tampa
To prove your claims, we need evidence. Obtaining evidence can be challenging. It might be on the ship where the accident happened, somewhere offshore, or possibly lost at sea.
Evidence of the accident may come from various sources that we should look into. For example, security camera footage from the ship or port where the injury occurred may be crucial. We can also rely on witness testimony from those present at the accident to gain an understanding of what happened.
Evidence of your injuries may also vary. You must get checked out by a doctor as soon as possible after your accident so they can provide treatment and document your injuries. Your medical records may help us establish the extent and severity of your injuries and medical costs.
We should also have evidence of how the defendant is connected to the accident. Were they your employer? Did they own the vessel? We may need some evidence connecting them to the accident.
Contact Our Tampa Maritime Accident and Injury Attorneys for Help Right Away
Contact our maritime accident and injury attorneys at Rivkind Margulies & Rivkind for a free case review by calling us at (305) 204-5369.
