Maritime vs. Land-Based Personal Injury Claims: Key Differences
When you’re injured because of someone else’s negligence, it’s common to be unsure what type of legal assistance you might need. In fact, many people who first talk to workers’ comp or personal injury lawyers are ultimately referred to maritime injury attorneys. Injuries occurring at sea involve complex legal claims that fall outside standard workers’ compensation and personal injury laws, and it’s important to know when it’s time to connect with a maritime injury law firm.
At BoatLaw, LLP, we focus exclusively on maritime law. Attorneys Douglas Williams and Nick Neidzwski represent maritime workers, injured passengers, and others impacted by at-sea accidents. Call us at 1-800-BOATLAW to set up a consultation now.
Personal Injury Laws Vary From State to State—But Maritime Law is Federal
One of the key differences comes down to jurisdiction. When you suffer a personal injury on land, any claims you make are bound by the laws of that state. However, claims involving maritime activities cannot be bound by state law; bodies of water often cross state and national borders. This key difference affects nearly every part of your claim. Some states allow you to recover compensation if you are partially at fault, while others bar you from any compensation if you are even 1% at fault for your injuries. The statute of limitations for personal injury claims varies from state to state, as do any limits regarding compensation.
Laws like the Longshore and Harbor Workers’ Compensation Act and Jones Act are federal laws. Maritime law as a general field of law is under the jurisdiction of the federal courts, thanks to the Judiciary Act of 1789. This means that these claims are automatically treated differently than state-based personal injury cases.
Since maritime law is so highly specialized, it’s ideal to have a maritime personal injury attorney with extensive experience in this area of law. For example, the standards for proving negligence are different in maritime claims than in other types of claims. Additionally, those seeking relief via a workers’ compensation claim cannot sue their employer; a maritime injury victim may be able to under the Jones Act if they can prove negligence. There’s so much nuance in this area that having the right representation is critical.
The Importance of Having the Right Type of Attorney
You may wonder why it matters; the fact is, though, that maritime cases have complexities that other types of personal injury claims simply do not. There are many specific maritime laws that may or may not apply to your case, and a land-based personal injury lawyer may not have the knowledge needed to use these appropriately. Additionally, evidence in maritime cases is highly technical, requiring an extensive understanding of the maritime industry, maritime law in general, and the dangers of this field specifically. Maritime personal injury attorneys know what type of evidence to look for, the different parties that may be liable for different types of injuries, and the various forms of compensation a victim may be entitled to.
Connections to Personal Injury Claims
Even if your claim seems like a cut-and-dry personal injury claim, you may still find it helpful to connect with a maritime personal injury law firm. Even cases that appear straightforward may have maritime connections that require an understanding of federal maritime law. Accidents involving cruise ship passengers, ferry passengers, or boating collisions may involve personal injury claims but also invoke maritime law. In a situation like this, a maritime personal injury law firm’s knowledge of maritime negligence, evidence, and relevant case law could be very useful.
This is also true for claims involving maritime work injuries. If you don’t work on a vessel, you may assume that workers’ compensation is the only option for you. However, if your work is in or adjacent to the maritime industry, your case may fall under maritime law and you may be able to seek further compensation via a personal injury claim under the Jones Act.
We’re Here to Help—Contact BoatLaw, LLP
At BoatLaw, LLP, we know that a fundamental understanding of maritime law is the basis for your case. Let’s talk about your legal options, the right type of attorney for you, and your next steps. Contact us online or call us at 1-800-BOATLAW.
