Maritime workers like longshoremen, shipyard workers, crew members, harbor workers, and others are exposed to unique dangers and hazards while working aboard vessels or near the water. There were 38 large ships lost at sea in 2022, down from 59 in 2021. Thankfully, serious accidents involving significant loss of life don’t often happen and incidents like the General Slocum paddle steamer disaster in 1904, where 1,029 people were killed, or the Sultana steamship explosion in 1865, killing more than 2,000 people, are very rare.
When injured on the job, these maritime workers have the right to seek compensation by filing a maritime injury claim. Understanding the essential steps and key considerations is crucial for those in the Houston area when pursuing a maritime injury claim.
Consult with a Houston Maritime Injury Lawyer
According to Zehl & Associates, a team of undefeated maritime injury lawyers in Houston, the first step is to consult an experienced attorney specializing in maritime law. Admiralty, also known as maritime law, is intricate, involving federal statutes, jurisdictional issues, insurance policies, and more. Attorneys with expertise in this niche field can assess the details of your case, determine the validity of your claim, and guide you on the best course of action. They manage complex legal procedures and communications, allowing you to concentrate on your recovery.
Provide a Detailed Account of the Accident in Houston
To begin the claims process, your attorney will need you to provide a very detailed account of how the maritime accident occurred. Be as thorough and precise as possible, including specifics like the date, time, location, weather conditions, witnesses, safety precautions taken, events leading up to the incident, and precisely how you were injured. Providing accurate details helps build a strong case and prevent your claim from being denied.
Gather Evidence and Document Losses
Work closely with your lawyer to gather evidence to support your maritime injury claim. This may include accident reports, medical records, workers comp documents, employment records, witness statements, log books, inspection reports, photos/videos, and more. Be sure to fully document all your monetary losses like medical bills, lost income, reduced earning capacity, pain and suffering, etc. Strong evidence improves your chances of a favorable outcome.
Determine Liable Parties
Maritime law allows injury claims to be filed against multiple potentially liable parties like vessel owners, operators, employers, manufacturers or suppliers of defective equipment. An experienced attorney can strategically determine all parties that may share fault for your accident and injuries. This casts a wide liability net to maximize your payout.
Select Venue and Jurisdiction
Selecting the optimal venue and jurisdiction is a strategic decision your lawyer will make based on factors like location of the incident, defendant’s principal place of business, legal precedents in certain courts, judges’ tendencies, and more. Venue options usually include federal vs. state court, and jurisdiction may be based on maritime law, state law or the Jones Act. Your attorney will determine the best selections for your specific case.
Pursuing compensation after a maritime injury in Houston requires expertise and strategic legal navigation. But by following these essential steps and considerations, victims can file claims, prove fault, and work toward a favorable resolution to recover lost wages, past/future medical costs and more.
