A Jones Act attorney can build and bring your case to trial with skill and expertise.
A lot of seamen relish their jobs because of the independence and the self-reliance that it permits. They like that the job requires assertiveness and industriousness. Thus, when they are injured on a vessel, they often recoil when others mention asking for assistance or counsel. Yet, other people can help, especially a lawyer. A Jones Act attorney can provide many legal and administrative functions to speed up and maximize your recovery. Now, what we want explain now are the advantages and issues that legal representation brings in the unfortunate scenario that you are hurt.
- What Advice can a Jones Act Attorney Provide Me?
- What Resources can a Jones Act Attorney Provide Me?
- How can a Jones Act Attorney Build my Case?
- How can a Jones Act Attorney Win my Case?
- Why Should I Hire Rosenfeld Injury Lawyers LLC?
- What Compensation can a Jones Act Attorney Get Me?
- Call Us To Hear More How We Can Help You!
What Advice can a Jones Act Attorney Provide Me?
A Jones Act attorney can advise you on what to do in each stage of the claim including pre-trial, trial, and post-trial.
The Jones Act is a standalone statute with its own peculiar and unique assumptions and definitions: vessel, seaman, in navigation, and so on. At the onset, a qualified attorney should be able to go through the various hurdles and requirements that it demands. However, he or she should be able to do more than that. Your lawyer should be able to explain what to do and where to go to be successful. Finally, they should be able to predict what the outcome of any litigation would be because this should largely determine if you choose to file a suit in the first place.
What Resources can a Jones Act Attorney Provide Me?
A Jones Act attorney can provide you with advice, capital, staff, and passion.
Cases take a large amount of information, materials, personnel and more to get across the finish line-more so to be successful. From the beginning, money is needed to file, then more is needed to investigate, copy materials, gather evidence, send for witnesses, prepare for trial, it's a long list. Your attorney should be prepared to offer all of these. We do. We offer all of this free of charge if you are not satisfied with the award or settlement. Be prepared to question your prospective lawyer about whether or not they have the resources to achieve the compensation that should be yours.
How can a Jones Act Attorney Build my Case?
A Jones Act attorney can build your case using investigation, laws, past cases, research, and persuasion.
Laying the proper foundation for your case requires a number of things. You need to assemble all of the factual circumstances of the accident in order to demonstrate how you were hurt, who hurt you, how they hurt you, and may need to prove additional things. Then, you need to review and itemize the laws and cases that afford you relief for exactly those circumstances. It takes resources and it takes a lot of experience. We have been representing sailors for a long time. We know when they deserve recovery and how to swiftly go after it. After your incident, you cannot waste any time. You need to hire an attorney that will stop until you are compensated accordingly.
How can a Jones Act Attorney Win my Case?
Inside and out of the courtroom, there will be a number of times where correspondence and presentation matters. In opening statements, depositions, phone calls, interviews, and other situations you need your best foot forward and you need to ensure that your case does not weaken due to misplaced words. This is precisely the moment where good advocacy matters. Good representation should be able to extract what they need to from the other side and then display that information to the jury to convey how the only plausible outcome is your recovery. We have a track record of doing this and can bring the same zealous advocacy to your case.
Why Should I Hire Rosenfeld Injury Lawyers LLC?
Rosenfeld Injury Lawyers LLC can guarantee you all of the spirit and skill that Jones Act cases demand. We have worked with many injured sailors and know how traumatic these incidents can be. That is why we take so much care in representing them.
There are a number of elements that should factor into who you decide to be your lawyer. Hopefully, from the foregoing sections, you understand that we have the skill, resources, and ability to win your case. We also are responsive at every step of the dispute so that you are consistently aware of strategy and developments. Additionally, going beyond this, we do not represent clients that work for or actually are shipping management or owners. We believe in fighting for sailors' rights and will work tirelessly to ensure that you get what you deserve.
What Compensation can a Jones Act Attorney Get Me?
When analyzing compensation for Jones Act claims, look to the expenses and costs (tangible and intangible) that the incident caused you!
A lot of firms like to throw our numbers such as average case return or typical settlement amount. However, these can be misleading. Every case is a kingdom unto itself and turns on two things: the facts and the law. Past is not necessarily prologue for your Jones Act or maritime recovery. What is a lot more useful when estimating what you could possibly gain through a lawsuit is adding up the damages that you have suffered. You might experience great physical injuries, long-term mental anguish and suffering, medical bills, disability, lost wages, disfigurement, and a whole host of other wounds. Keeping an eye on your personal experiences will help you focus more closely on possible compensation versus doing anything else.
Call Us to Hear More how We can Help You!
As much as we tried, it is hard to convey exactly how much and what kind of help we can offer you. This is partially because Jones Act cases are complicated and take advanced resources and expertise. We prefer to meet and speak with victims one-on-one so that we can hear their story and tell them what we have learned in the past. Call us so that we can do the same for you. Your case deserves attention and care and work intently on every lawsuit that we handle. You can call our offices at (888) 424-5757 or reach us via email.
For additional information see the following pages:
- What Are Jones Act Injury Cases Worth?
- What Laws Govern Jones Act Cases?
- What Laws Govern Maritime Worker Injury Cases?
- What Benefits Are Available to an Injured Seaman Under The Jones Act
- What is the Process for Filing a Jones Act Injury Claim?
- What Should I Do If I'm Injured While Working On A Ship?
- How Long Do You Have To File a Lawsuit For Jones Act Injuries?
- What Type of Damages Are Recoverable Under Jones Act?
How Much is my Jones Act Case Worth?
While there are many factors that contribute to the value of s Act injury case such as: medical expenses, lost income, pain and disability (only mention if not mentioned earlier on the page) the cases below will hopefully give you some insight into how these cases are valued by juries, lawyers and insurance companies. While these cases can be instructive, they should not be conclusive in valuing your particular situation.
Plaintiff Verdict for $513,543 in California (2019) – The plaintiff was working in the ballast tanks of the vessel when he was injured. The plaintiff claimed that to clean the ballast tanks when it was too hot to reasonably climb up and down the ladders into and out of the tanks. The lawsuit claimed that the plaintiff was negligent in ordering him to perform that work. As a result, the plaintiff suffered an injury to his left knee. The plaintiff recovered for his damages even though the court found him 50 percent responsible for his injuries.
Plaintiff Verdict for $2.084 million in Florida (2019) - After a five-day trial, a cruise operator was found responsible for the plaintiff’s injuries. The plaintiff began to feel symptoms of illness while on a cruise including chest discomfort and nausea and he went to the ship’s infirmary. The ship’s medical staff told him he could remain on board for two days until the boat docked because the heart attack was very minor. The plaintiff was much more ill than that and was required to undergo an emergency procedure and then another procedure after that. The plaintiff suffered severe and permanent damage to his heart due in part to the failure to properly treat his condition on the ship.
Plaintiff Verdict for $425,000 in Louisiana (2018) – The plaintiff fell when assisting in mooring a barge to another barge. The plaintiff was knocked off of the deck of the empty barge and fell approximately eight feet onto the deck of the loaded barge when the two barges made contact during the barge shifting. In the fall, the plaintiff suffered a heel bone fracture and injuries to his right wrist and back and he needed surgery. The plaintiff alleged that the accident was caused by the vessel's captain who had moved the empty barge too quickly to meet with the loaded barge.
Settlement for $2 million in New York (2018) – The plaintiff was a second mate on a ship and sought to drive up to the next deck level, mistook the raised ramp cover for the continuous ramp roadway, went over the unguarded and exposed edge of the ramp cover, and fell 15 feet to the ramp below, with the vehicle landing upside down. He died as a result of the accident. The estate claimed that the ramp was not adequately maintained and protected and that there was not adequate lighting and warning to have alerted the decedent to the presence of the ramp. The decedent’s wife was 5 ½ months pregnant at the time of the accident.
Plaintiff Verdict for $4,412,194 in New York (2017) – The plaintiff was working as a seaman on a vessel and had to move provisions on the ship. She claimed that no mechanical means were used to move the provisions, the provision packages were not broken down to smaller sizes, and there were no breaks in the work. She suffered injuries to her right shoulder which required two surgeries and was left with a permanent disability in her shoulder which prevented her from working as a seaman in the future. The verdict was roughly half pain and suffering damages and half lost wages.
Plaintiff Verdict for $325,000 in Louisiana (2017) – The plaintiff as a deckhand aboard a maritime vessel when there was a storm. He had tried to pull a mooring line that had broken when the vessel rose in the sea, violently jerking him and causing significant injuries to his back. The plaintiff suffered disc bulges in the lumbar region of his spine and a herniated disc. As a result, he required several complicated surgical procedures, including a discectomy and facetectomy. One of the allegations was that the defendant did not provide adequate mooring lines.
Plaintiff Verdict for $1.193 million in Texas (2017) – The plaintiff was working on a semi submersible oil rig vessel. He was told to climb up a three meter high vertical ladder to reach the port side of the rig's crane. He fell while he was climbing. The plaintiff claimed that the defendant violated the Jones Act since there was a ladder for the climb as opposed to a staircase, and this created an unsafe condition. The plaintiff suffered a host of injuries that had a permanent impact which included a major neurocognitive disorder and a traumatic brain injury.
Plaintiff Verdict for $745,648 in Louisiana (2017) – The plaintiff was working on a deepwater drilling rig. The plaintiff was asked to reposition spools of cable that were to be used in lifeboats. He climbed into a cargo basket where the spools were located in order to inspect them. When the plaintiff realized that the cargo basket was overloaded, he tried to exit the basket, but he fell onto the vessel’s deck. According to the plaintiff, the area around the cargo basket was uneven, increasing his risk of fall. In the fall, he suffered numerous injuries including one to his lumbar region that required surgery.
Plaintiff Verdict for $374,714 in Louisiana (2016) – The plaintiff was a contract laborer who was unloading a barge. He was trying to lift a ladder with the mechanical hoisting system when the ladder became stuck. His co-worker told him to continue lifting the ladder, but the ladder was not free. A shackle on the hoisting system broke off and struck him. He suffered an injury to his left forearm that required three surgeries. After that, he was diagnosed with a left wrist neuroma. The verdict was reduced because the court found him partially responsible for his injuries.
Plaintiff Verdict for $1.9 million in Louisiana (2016) – The verdict was divided among two plaintiffs. One plaintiff was killed and the other was severely injured in an accident on a barge. The barge developed several holes, took on water and began to list, but the barge’s owner refused to allow a crane onboard in order unload the drill pipe that was on the ship. The crew was ordered to straighten the drill pipe with what they had on board. The drill pipe shifted and pulled a derrick and truck out of place. When the crewmembers attempted to exit the barge, one was struck in the chest by a toolbox and died and another crew member also suffered severe injuries in the incident. The defendant admitted liability for the accident and the court trial was to decide damages.
Plaintiff Verdict for $16,007,102 in Washington (2016) – The plaintiff was a maritime worker for the State of Alaska who was working on a ship. She was adjusting the passenger gangway at the terminal when it collapsed and fell approximately 20 feet to the ground while she was still standing on it. The gangway then crashed on top of her. The port knew that it had a faulty gangway, but took no steps to fix it. There was even a prior incident where the gangway dropped a short distance. In the accident, she suffered severe injuries that permanently impacted her, including a traumatic brain injury and can no longer work and is required to walk with a cane.
Plaintiff Verdict for $2,318,487 in Rhode Island (2016) – The plaintiff was working on a boat. He tried to disembark from the boat and board the inflatable support vessel when he slipped and fell. There was an error with the immigration office and the boat had to return to St. Thomas. The crew tried to disembark and switch to another vessel on the open sea, which, according to the plaintiff was an unreasonable dangerous operation. In addition, the lawsuit alleges that the defendant failed to execute the disembarkation properly. In the fall, he suffered a severe injury to his right arm which required surgery.
Plaintiff Verdict for $21.5 million in Washington (2015) – The plaintiff was on a cruise around the world with the defendant’s cruise line. The plaintiff was struck by an automatic door while on the cruise ship. The plaintiff suffered a traumatic brain injury and other long-term neurological issues that are associated with a brain injury. The lawsuit alleged that the defendant should have known about this condition since it impacted dozens of ships in their fleet. According to the plaintiff, the cruise line should have looked for and discovered the condition. The plaintiff asked for and received punitive damages from the cruise operator.