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Louisiana Maritime Injury Lawyer Larry Curtis
Practice Areas and Legal Definitions
Admiralty/Maritime Law/Jones Act:
Admiralty and maritime law are specific areas of law that regulate accidents and injuries of sea crew and passengers on ships, yachts and recreational boats.
Congress passed a maritime law called the Jones Act to protect sea crew who work on ships, offshore oil rigs, or other sea-going vessels, such as barges, riverboats and fishing boats. Under the Jones Act, sea crews are entitled to recover damages if injured on the job. The Jones Act can also cover inland river workers and offshore workers, as well as divers and underwater personnel. The Jones Act is not workers' compensation law, so any injury sustained as a result of employer negligence must be proven in order to receive compensation for said injuries. The statute of limitations for a maritime law injury suit is three years.
Cruise Ship Accidents:
Cruise ship accidents can include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries. Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence. Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages.
The cruise ship industry restricts when and where a personal injury claim can be filed. For example, many tickets make a stipulation that an injured passenger must file a claim within one year of the cruise ship accident, and that claims must be made in a certain state. Because of these limitations, it is important to consult with experienced legal counsel before (and during) filing a cruise ship personal injury claim.
Boating Accidents:
Legal claims that arise from boating collisions are typically governed by the law of negligence. Any individual who negligently operates a watercraft may be required to pay damages to an injured victim. A maritime case involving a boating accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. The surviving family members of a fatally injured boating accident victim may be able to recover damages in a maritime wrongful death action against the defendant.
Attorney Larry Curtis has years of practice and a successful track record representing clients who have suffered significant injuries in boating accidents of all kinds. He works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Attorney Curtis has a detailed understanding of federal and Louisiana state boating insurance and liability laws. He is a seasoned veteran at tracking the various sources of recovery that may be available to boating accident victims and their families.
Shipboard On-the-Job Accidents:
The Jones Act, a federal statute encompassing a very substantial portion of maritime and admiralty law, is the applicable law for the claims of ship crew members injured on the job. As creatures of the statute, Jones Act claims can be extremely complex and difficult to prosecute. Apart from dedicated maritime and admiralty law firms, few lawyers have much in the way of knowledge of these claims, and even fewer have any substantial experience in handling them. All too frequently, this results in mediocre and ineffective representation and minimal financial compensation for the claimants.
Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, fires, electric shock and accidental exposure to harmful chemicals and, rarely, radiation exposure aboard ship.
Louisiana Maritime Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another. A legal action for wrongful death belongs to the deceased victim's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the deceased victim may also bring a claim for wrongful death. As with maritime personal injury cases, many wrongful death actions arising in a maritime environment are governed by the Jones Act.
In order to bring a successful maritime wrongful death cause of action in Louisiana, the following elements must be present:
- The death of a human being caused by another's negligent or intentional conduct while the injured person is aboard a watercraft or some other maritime environment, whether as an employee or as a passenger.
- The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.
The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children, parents, and/or other eligible beneficiaries, had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.
If you or someone you know in Lafayette or anywhere in Louisiana has suffered a maritime injury and needs the assistance of an experienced Louisiana Maritime Lawyer, call Attorney Larry Curtis today at 866-698-5148, or complete the contact form provided on this site to schedule your free consultation.
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