Maritime and Admiralty Law:  Frequently Asked Questions

The following information includes frequently asked maritime and admiralty questions. The answers stated are general in nature and are not intended to apply to every maritime and admiralty situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.

By contacting the maritime and admiralty serious injury law firm of Tabak, Mellusi & Shisha, you can receive a personal consultation regarding your specific maritime and admiralty claim.

What financial compensation can I recover in a maritime and admiralty claim?

Generally speaking, the financial compensation in a maritime and admiralty claim is similar to a corresponding claim on land. For example, accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical Bills
• Lost Wages, including overtime
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

Under what circumstances can a wrongful death occur?

Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. When a wrongful death occurs aboard a watercraft, the case is filed under the provisions of applicable maritime and admiralty law. These claims can arise from a variety of situations, including:

• Medical malpractice resulting in decedent's death.
• Boating accidents including collisions, shipboard fires, explosions and electrical shock resulting in death.
• Exposure (occupational or otherwise) to hazardous conditions or toxic substances, e.g., exposure to asbestos resulting in mesothelioma.

Who can file a wrongful death lawsuit?

A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.  Punitive damages are not recoverable in Jones Act seamen cases.

How do I know if I need an attorney?

If you have been seriously injured aboard a watercraft on a navigable waterway and are unsure about the outcome of your injury, consult with an experienced maritime and admiralty attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Federal and New York state laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. The serious injury attorneys of Tabak, Mellusi & Shisha can advise you on the applicable statute of limitations for your maritime/admiralty injury case.

What is Assumption of Risk?

“Assumption of Risk” is a legal doctrine sometimes asserted as a defense to lawsuits to recover damages for injuries. It can be an effective defense in cases where someone can be said to have voluntarily assumed a known risk of particular type of injury, and that very injury has occurred.

Consider, for example, a situation involving a damaged and defective bridge with a barrier at both ends and a sign at both ends reading “Danger. Bridge is unstable and unsafe. Do not cross.” If you decide to ignore the sign and go around the barrier to cross the bridge, a court might well find that you “assumed the risk” of the sort of injury that might occur if the bridge failed. Thus, if the bridge collapsed and you were injured in a fall from it, the bridge owner would likely be successful in raising “Assumption of Risk” as a defense to a lawsuit to recover damages for your injuries.  Assumption of Risk is not a defense in Jones Act seamen claims.

How much does Tabak, Mellusi & Shisha charge for legal representation in maritime and admiralty cases?

There is never any charge for an initial personal injury consultation to determine how the Firm can best serve your needs. You will find the fee schedule to be reasonable and competitive. There will be no “hidden” costs and no “surprises.”

If you or someone you care about needs the assistance or trusted legal advice of an experienced maritime and admiralty lawyer, please contact Tabak, Mellusi & Shisha today at 866-435-5960 , or complete the contact form provided on this site to begin your consultation with a skilled New York serious injury maritime attorney. All initial consultations are free.