The Jones Act is a law that allows seamen to sue employers or ship owners for negligent injuries. Jones Act lawsuits can get complicated, and it’s easy to make common mistakes. Rely on an experienced maritime lawyer to file a successful lawsuit.
About the Jones Act and Lawsuits
The Merchant Marine Act of 1920, or the Jones Act, is a federal maritime law protecting seamen and allowing for the filing of claims for damages in the event of accidents and injuries.
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The Jones Act gives seamen the right to file a lawsuit against an employer if the injury was caused by negligence.
To file this lawsuit, you must meet several qualifications, and you need the expertise of a Jones Act lawyer. Make sure you understand the rules, qualifications, and claims process and that you hire an experienced and knowledgeable lawyer before starting a lawsuit.
Who Is Eligible to File a Jones Act Lawsuit?
Before you can file a lawsuit, you need to know that you and your situation qualify you to make a claim.
According to the Jones Act, a qualifying seaman spends at least 30 percent of their working time on a vessel, contributing to the functioning of that vessel.
The injury in question occurred on the vessel while it was on navigable waters. It does not have to have been moving, but it must at least be in the water at the dock or port.
The other major qualification is that the injury you suffered resulted from negligence. This may be proven in the lawsuit, but know that you will not win damages if it cannot be confirmed.
Examples of situations in which an employer has been negligent and is liable for damages include:
- Not properly maintaining equipment
- Allowing a physical assault by another employee
- Keeping a messy deck that causes accidents
- Not maintaining the seaworthiness of the vessel
- Not providing adequate training for employees
How to Prepare for a Jones Act Lawsuit
The first step in preparing for a Jones Act lawsuit is to find a lawyer with experience making and litigating Jones Act claims. Experience and knowledge are essential qualities to look for in a lawyer because maritime law is a complicated specialty, and claims often lead to litigation to be settled.
Proving negligence on the part of an employer is usually more straightforward than in other cases of personal injury, but you still want to be well prepared. You and your lawyer need only prove that your employer shares one percent of the responsibility for your injury.
Make sure you have proper documentation for your claim, including the accident report, your medical records and bills, ship logs, and any other documents your lawyer deems important.
Understanding Damages
Your preparation should also include knowledge of the damages you may be eligible to receive.
Depending on your situation, there are several possible types of compensation you may receive, including damages for:
- Pain and suffering, both mental and physical
- Lost wages, both present and future earnings
- Medical expenses, both for current and future needs
- Lost earning capacity in the future
- Permanent disfigurement
- Punitive damages, if your employer showed reckless disregard for safety
How to Fund a Jones Act Lawsuit
Funding a lawsuit is expensive. As you fight for the damages you deserve, you may be paying costly medical bills, lawyer fees, for medical opinions, and the testimony of experts to make your case.
If you don’t have the money to cover all of these expenses, it may seem impossible to start a lawsuit, but you do have a funding source available to you.
Your lawyer can tell you about Jones Act funding which gives you access to loans that you can use to fund your case.
Common Mistakes in Jones Act Lawsuits
You can learn from the experiences of others by avoiding the common mistakes made when bringing together a lawsuit.
If you are aware of and can avoid these errors, you have a better chance of bringing a successful claim and getting the damages you deserve:
Waiting to Report an Injury
Whenever you are injured on the job, whether you believe you have a valid Jones Act claim or not, you should report it immediately.
Report the accident to your supervisor and make sure that they fill out an official and complete accident report.
This document is crucial in a lawsuit and offers more validity to the case when it is completed right after the accident. If you wait too long to report an injury, you may miss your window for filing a claim.
Going Back to Work Too Soon
Returning to work before your doctor recommends that you do so can harm you when you seek damages in court. Your employer may try to claim that you were okay because you could work again so quickly.
You also don’t want to return too soon and worsen your injury. Make sure you have a few medical opinions on whether you can return to work before you do so.
Trusting the Wrong Lawyer
Maritime law is a complicated legal specialty, and you should not trust your lawsuit to anyone with little to no experience in this field.
A general personal injury lawyer will not understand all the ins and outs of the Jones Act and will not give you the best possible advice. Only hire a lawyer who specializes in maritime law and has filed, litigated, and won Jones Act lawsuits for other seamen.
Signing Away Your Rights
The period after a work injury can be stressful and confusing. An employer and their insurance company may do their best to convince you to sign documents that release them from liability.
Get your accident report in immediately, but don’t sign anything else from your employer until you have spoken to your lawyer.
It’s also important that you don’t allow your employer to record your testimony without your lawyer present. They may try to make you say something that would benefit their case in a lawsuit.
Filing a lawsuit can be complicated and confusing, so you need the right legal advice. You should be knowledgeable and understand your rights under the Act, but it is also essential to have professional guidance. Find an experienced Jones Act lawyer for advice and to help you make your case, and you have the best chance of winning damages.