Do I need a lawyer for a maritime worker injury claim? If so, what kind of lawyer do I need?

Written by FreeAdvice Staff

You will likely need a lawyer who specializes in maritime law, especially one that has experience representing workers and their families. Some maritime lawyers specialize in admiralty and maritime injury cases.

Maritime Law

Maritime rules have been adapted over hundreds of years to deal with problems, accidents and injuries that occur on waterways and on board ships and vessels. Maritime law affects business, violations of “rules of the sea” regarding shipping lanes and rights-of-way, and even mutiny issues. Injuries at sea often mean serious injuries and complicated court cases. Understandably, one of the biggest problems in filing a maritime claim is finding a lawyer who is close enough to help. Most maritime lawyers are located close to the major port systems, rather than in mid-sized inland cities.

Even many of the rules of traditional ‘land’ law may not be the same under maritime law. One important area of liability for personal injuries under maritime settings is the Jones Act, and it often changes the way injury lawsuits are argued. Even a very good negligence land law lawyer may simply not have enough time to educate themselves on the issues involved in a maritime law case. Often jury trials are not allowed in maritime cases because the issues are so complex.

Getting Help

Having said that, it is rare for specific prerequisites to completely disqualify a lawyer from taking on a maritime law case. In Florida, specializing in maritime law is actually encouraged with the availability of a board certification process to become "admiralty specialists." Such lawyers who specialize in admiralty are sometimes called “proctors” (instead of attorneys) when working in admiralty court. If you need help filing a maritime claim, you should research maritime lawyers in your area, or at least lawyers who have some experience in maritime law.

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