A Miami Jones Act attorney specializes in providing legal representation for those claiming to be both psychologically or physically injured as a result of another’s negligence covered by the Jones Act. They specialize in handling crew member accident claims in the Miami area. Personal injury lawyers specialize in tort law, which covers civil wrongdoings and injuries. When trying to prove negligence, a plaintiff must provide evidence containing the elements of negligence: duty, breach, causation, and damages.
The Jones Act, which is also known as Section 27 of The Merchant Marine Act of 1920 is a federal law enacted to regulate maritime activities in the United States. The Merchant Marine Act of 1920 has been modified several times over the past 100 or so years. In fact, just this year, the act was temporarily suspended to facilitate aid being sent to Puerto Rico after Hurricane Jose’s destruction.
Marine crew members (officers, deck hands, cooks, engineers, or even passengers etc.) are often placed in potentially risky situations by the shear nature of traveling the often dangerous seas. For example:
Wet decks, line breaks, and shifting cargo, often cause accidents that result in:
- Neck or Head damages
- Injuries resulting from heavy lifting
- Leg injuries
- Slip-and-fall injuries
When this occurred, an injured crew member’s should seek to a hire a skilled maritime lawyer with experience handling a crew member’s rights set forth by the Jones Act. These injuries can limit or prevent a crew member from performing their normal responsibilities.
Protect Your Rights Under The Jones Act
Under the Jones Act, crew members injured on the maritime job are entitled to have:
- Their medical bills,
- Their Hospitalization
- Their Physical therapy, and
- Their Wages
paid for by their employer.
The legal terms for these financial duties (that rest squarely upon the vessel operators) – are known as “Maintenance” and “Cure”. Protecting the crew of a vessel is exemplified by these federal legal enactments for those who risk their lives at sea.
However, be forewarned, if a seaman is to acquire damage rewards with regards to the Jones Act, they are required to submit ample evidence that were a seaman and the time of the incident. Injured crew members on their job have a three year limit to file suit. However, injured passengers on a commercial cruise line have only one year from the date of the event to file a lawsuit against the cruise line.
If you have been injured on a sea going vessel as a crew member or even a passenger, a Miami Jones Act attorney can assist you in understanding your legal rights and help you collect damages for your injury. Call us today.