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General maritime law consists of the common law causes of action that have developed over the years. This body of law provides seamen with additional rights and damages outside of the Jones Act. It also allows for claims by the surviving family members for the death of a maritime worker. General maritime law even provides remedies for non-seamen injured at sea or during the course of maritime activities. The statute of limitations for general maritime claims is three years from the date of the incident. In some cases, the statute can either be shortened or extended so it is important to contact an experienced maritime lawyer to ensure that your claim is filed in a timely manner. The most notable maritime provisions regarding seamen are claims for unseaworthiness, maintenance and cure, and common law negligence against a third party. Also, general maritime law follows a strict liability standard for product liability and provides non-seamen with causes of action for negligence and wrongful death relating to an injury on navigable waterways. Under general maritime law, punitive damages and attorney's fees are not usually recoverable in cases of a seaman against their employer. In certain circumstances, however, courts have allowed recovery of punitive damages against third-party defendants who are not employers, as long as the claim falls within general maritime law and not under the Jones Act or any other federal statute. It is imperative that you consult an experienced maritime injury attorney to ensure that your claim is filed properly and in a timely manner. Contact the Texas maritime injury attorneys at Fitts Zehl, LLP toll-free at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com. We represent clients in states throughout the gulf coast region including: Louisiana, Alabama and Mississippi.
General Maritime Law-Protecting Injured Seamen General maritime law continues to play an important role in protecting injured seamen by holding vessel owners accountable. Under general maritime law, a ship owner owes a duty to his offshore employees to provide a seaworthy vessel that is properly maintained, manned and equipped for its intended task. If a seaman is injured or becomes ill due to the vessel's unseaworthiness, that seaman may recover damages from the ship's owner. Any seaman that is injured or made ill during the course of his employment is entitled, regardless of fault, to receive maintenance and cure. These maintenance and cure payments cover necessary room and board as well as medical expenses during recovery and will continue until maximum medical improvement (MMI) is achieved. In addition, he is entitled to receive his full wages for the remainder of the voyage upon which he was injured or became ill. Our Maritime Accident Attorneys understand what it takes to help an injured seaman recover what he is owed under the law. We represent clients from the entire Gulf Coast region including, Galveston, Baton Rouge, Houston and New Orleans. To reach an experienced Texas maritime attorney contact the lawyers at Fitts Zehl, LLP by phone at (800) 993-4887 or by email at info@gulfcoastmaritimelawyer.com. |
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