How To Determine If You Have A Maritime Case
As the largest state in the United States, Alaska borders British Columbia and the Yukon in Canada to the east. The state also has a maritime border with the Pacific Ocean, the Arctic Ocean, the Chukchi Sea, and the Bering Sea.
Alaska’s proximity to these large water bodies makes fishing, mining, and oil drilling its main economic activities. It’s no surprise that most people from different parts of the country are attracted to this arctic state.
Non-residents also come to Alaska to work and participate in the many recreational activities available, mainly in Anchorage. Boating, skiing, and fishing in Alaska waters can be fun and risky at the same time.
Accidents happen, and that’s why the owner or operator of a water vessel owes you a duty of care. If you’re injured as a maritime worker, non-worker, or tourist, working with a skilled admiralty or maritime attorney can improve your chances of obtaining compensation. Keep reading to determine if your injuries qualify for the maritime case and if you can file one.
Determining If Your Accident Qualified For A Maritime Claim
According to the United States Federal maritime laws, both a paying and non-paying passenger of a recreational water vessel are entitled to the same duty of care under similar circumstances. However, in the case of an accident, some laws allow a seaman, skier, or recreational boating victim to recover compensation for their injuries.
Whether you’re a seaman, a tourist, or an offshore worker, you may be eligible to file different types of claims, including:
- Maintenance and Cure
- Unearned Wages
- Unseaworthiness
- Wrongful Death
- Negligence
Maritime Claims Involving Seamen
The worker’s comp covers an offshore worker, but seamen or wards of an admiralty are protected by special maritime laws based on their job positions and other factors. That means if you’re injured as a seaman, you can file a maritime claim against the negligent employer under the Jones Act.
Given how dangerous working around water can be, the Jones Act was signed into law in 1920 to cater to injured seamen’s needs, rights, and welfare. The Jones Act provides unique legal solutions to ensure injured seamen access to immediate medical assistance and care after an injury.
When a seaman is injured or killed due to negligence or unseaworthiness of the vessel and equipment, they are entitled to compensation. This is a no-fault obligation that the vessel owner or captain is expected to meet to cater for the medical expenses incurred by the victim.
Maritime Claims Involving Vessel Passengers
It is the responsibility of the maritime company to ensure that the passengers aboard their vessels are safe. It amounts to negligence when the company or vessel operator fails to fulfill this duty or exercise reasonable care. You can have a maritime case on the grounds of negligence.
Maritime Claims Involving Ferry Workers
If you’re a ferry worker who suffered an injury because the ferry is unseaworthy, you can pursue compensation under different maritime laws. Accidents can occur on car ferries, passenger ferries, or roll-on/roll-off ferries. It is the responsibility of the ferry management company, operator, or maritime employer to prevent these risks. Failure to fulfill this responsibility gives you the right to file a naval case against the responsible parties.
Maritime Cases Involving Wrongful Death
A maritime death can be a complicated case. The victim may have died from injuries caused by negligence or unseaworthiness of a vessel. In this case, the deceased’s next of kin should bring a claim for the wrongful death of their loved one.
However, this type of maritime case requires in-depth investigation and a deep understanding of the law. Learn about your legal options following a maritime wrongful death of a loved one and how soon you can file a case against the at-fault parties.
Find Alaska Maritime Lawyers Near Me
A maritime case can be brought forth following an injury under different circumstances. Whether you work at sea, off the sea, or you are just a law-abiding citizen who was injured while enjoying Alaska’s recreational activities, your injuries may leave you with heavy medical burdens.
That’s why it’s vital to talk to a qualified maritime or admiralty attorney in Alaska. Contact Combs & Brown Law Firm, LLC for expert legal representation.
Our specialty is maritime cases, criminal cases, and personal injury. We have helped many clients recover thousands of dollars in compensation.
Through our expertise and experience, we can carry out thorough investigations to determine the circumstances surrounding your case then offer legal advice on which legal options are available. Contact us today for a free, confidential consultation.