Houston Maritime Lawyers. Activities that take place at sea are extremely hazardous. While your employer is responsible for protecting you and reducing the risk of harm, boat, and platform work are inherently physical, and injuries are common, especially when employers are sloppy with procedures, maintenance, and monitoring.
Houston Maritime Lawyers
Employers frequently fail to safeguard their loyal workers. We handle cases involving the Jones Act, the Coastal Act, and drillers. Across the country, we hear matters in state, federal, and administrative courts.
As a seafarer, longshoreman, or oil rig worker, accidents and injuries might put an end to your career. Because of the physical demands of working at sea, injuries to the hands, arms, legs, or back are common and can be fatal. It’s a matter of life and death for you and your family.
What is Maritime Law?
The law of the sea, often known as admiralty law, is a collection of laws, conventions, and treaties that control private marine issues and other nautical topics, including B. navigation and high-seas offenses. The international regulations that regulate the usage of the oceans and seas are known as the “law of the sea.”
Houston Maritime Attorney
The Houston-based marine attorney is well-versed in maritime law and has represented affected offshore employees along the Gulf Coast, including Texas, Louisiana, and Florida. We’ve helped individuals deal with long-term impairments and the loss of a well-paying career in Houston, Texas.
That is why Patrick Daniel Lowe stands apart from Houston’s other legal firms. He knows what he’s doing. He was born and raised in Louisiana and has 20 years of marine experience, including in court.
Admiralty & Maritime Law History
Most events on navigable waters are governed by the Law of the Sea, often known as Admiralty Law, which is almost as ancient as the shipping industry itself.
The origins of the regulation may be traced back to the Egyptian and Greeks’ unwritten maritime norms. The earliest formal regulations, however, were written in 900 BC. Rhodes, a Greek island, was the inspiration for this piece. Ancient maritime conventions and norms can be traced back to the roots of marine laws and regulations.
The common average theory, for example, may be traced back to the Rhodians’ early marine practices. It states that all parties participating in marine transportation (owners, shippers, and so on) are jointly and severally accountable for any harm or loss resulting from the voluntary sacrifice of a portion of the ship or cargo to rescue the ship.
When Eleanor of Aquitaine followed her first husband, King Louis VII of France, to the Mediterranean during the Second Crusade, she brought the notion of a distinct legal authority for marine matters to the West.
The term “admiralty law” stems from the British Admiralty Courts, which dealt with maritime matters and were separate from the English Common Law Courts. Because the United States’ judicial system is founded on that of the United Kingdom, the Admiralty’s updated statutes were progressively incorporated into our legal system shortly after the Constitution’s ratification.
Types of Maritime Injury Cases
Maritime employees are exposed to scenarios and conditions that would make most land workers fearful and despondent. Accidents sometimes happen, even though they are generally aware of the dangers they confront and have a variety of strategies for coping with them and reducing the risks.
The following are some of the most common injuries sustained by offshore workers:
Slips and Falls: Personal Injury Claims are ranked #1. Slips and falls are prevalent on damp stairs, decks, and even crew quarters.
Bumps and crashes: Workers can be struck by swing arms, cranes, trolleys, carts, machinery, and unsecured goods.
Lifting and transport errors: In strong waves, a drawbridge may make lifting big cargo unsafe. Lifting weights is dangerous even under perfect circumstances.
Sickness: Infringement isn’t included in every lawsuit. Unsanitary facilities and bad cooking might cause crew members to become unwell.
When a ship sets sail, a wounded worker may only seek medical help from the ship’s medical personnel, commonly known as sickbay or infirmary. If employees are not adequately taught, this might be a great advantage or a big risk. A transport helicopter may be necessary under extreme circumstances, but weather and sea conditions may limit the ability to launch one.
When Does Maritime Law Apply?
The law of the sea, of course, pertains to occurrences on the high seas, or mishaps that occur outside of a country’s territorial waters. The territorial sea, which is defined as seas within 12 miles of the shore, is likewise covered by maritime law.
However, as you travel further inland, the applicability becomes less clear. In the early days of the United States, the Law of the Sea did not apply to circumstances that happened within the “body of the country,” which excluded incidences involving the Great Lakes and tidal interior rivers. During the nineteenth century, however, this seclusion began to weaken.
The “navigable seas” are now subject to maritime law. A canal is deemed navigable if it can serve as “a continuous channel via which trade is or may be carried on with other states or foreign states” on its own or in conjunction with other maritime routes.
Because of admiralty jurisdiction, a body of water enclosed by land in a state is not navigable. A body of water, on the other hand, does not need to flow between states to be termed navigable.
What Should You Look for in a Maritime Injury Lawyer?
The law of the sea can be hard to grasp. These laws, while intended to safeguard the rights of injured or ill Navy members, can be difficult to comprehend.
As a result, it is critical to seek the opinion of a lawyer with vast knowledge in this field. It is critical to hire a marine attorney with extensive knowledge.
Before you hire an attorney, find out how many cases they’ve handled. Allowing an attorney to sidestep your inquiries is not a smart idea; you need someone who will provide you with clear answers to all of your questions.
Do You Know Your Rights in Case of a Maritime Accident?
One of the most essential things you can do after an accident is to make sure that all of your needs are met: medical, legal, emotional, and financial. It may, however, be challenging. As a result, it’s critical to call attention to a few aspects that may be impacted.
To begin, keep in mind that you have the legal right to select your own physician. Never feel compelled to go to a medical office or doctor that your employer or insurance company has recommended. You’ll need to see a recommended doctor for checks on a regular basis, but that’s the extent of your responsibilities. It is entirely up to you who you seek therapy from, and no employer or expert with whom you work in your case should intimidate you.
Second, you have a legal entitlement to medical care. The Jones Act protects the provision of medical services, so injured sailors do not have to worry about receiving compensation. This holds true regardless of who is to blame for the accident. Injured sailors who seek specific medical guidance are also protected under the Jones Act. This implies that if one doctor advises therapy and another thinks it isn’t essential, the disagreement will be resolved in the treatment’s favor. Sadly, this is not the first occasion that a large number of sailors have been harmed.
If a pre-existing medical condition worsens, however, the employer must offer enough coverage. All that is needed is a supportive statement on your behalf from your physician. Whether or whether you sign documentation supplied by an insurance agent, you are entitled to medical benefits and financial aid. It is in your best interests to be cautious with any paperwork presented to you by an insurance agent; they frequently do not prioritize your safety and well-being. As a result, you must not sign any document that relies on your signature for medical benefits or alimony payments.
Third, you are not obligated to give a recorded statement as a consequence of any type of accident or injury. Of course, reporting an occurrence as quickly as possible is critical; nevertheless, it is crucial to realize that many accidents might influence the victim’s memory and mental activity. As a result, writing a list of occurrences that need to be addressed later, which might be a lengthy procedure, is impracticable. There are various times when your rights may be impacted, ranging from the initial filing of a claim to the preparation and conduct of legal procedures.
Employers who are unconcerned about their employees’ well-being and insurance firms who are unconcerned about their employees’ well-being. Is it really necessary to have a lawyer who cares about your long-term health and well-being on your side?
What is a maritime injury?
➡Any sort of physical or psychological harm caused by the water is referred to as sea damage. Sailors, cruise ship passengers, fishing boat crew members, and anybody else who is hurt or killed at sea in the US or on foreign seas may be believed to have been harmed at sea.
These injuries can be catastrophic and life-altering, necessitating the assistance of a lawyer experienced in maritime casualty law and how to hold those responsible accountable.
It’s vital to remember that land-based standards do not apply to injuries sustained on the water. Injured marine authorities, for example, cannot file an industrial injury claim in the same manner that farmworkers may. They must instead seek compensation under provisions like the LHWCA and the Jones Act.
How do I become a maritime lawyer in the US?
➡Education Requirements for Maritime Lawyers
Most states require attorneys (including maritime attorneys) to get a Juris Doctorate (J.D.) degree from a recognized law school, pass state bar exams, and maintain a license to practice law in that state.
Houston Maritime Lawyers: A Helpful Guide – 2022
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