Accidents on the water are not uncommon, and if you have been involved in a boat or maritime accident, then you know that the road to recovery can be quite long and filled with hardship. Many jobs at sea are dangerous, and most maritime workers understand the dangers inherent in their job descriptions from day one. Still, no one is prepared for catastrophic injuries at sea, and if you or a loved one have experienced such an injury, getting the best possible representation for your claim is paramount to its success. At SMT Legal, we understand that you are trying to get your life back in order at a time when everything is chaotic and uncertain. Our legal team helps to remove some of that uncertainty through our aggressive claim representation.
Determining Liability in Maritime Accident Claims
Filing a liability claim following a maritime accident differs from filing regular personal injury claims. Vessel owners are entitled to filing a Limitation of a Liability lawsuit, in accordance with the Limitation of Liability Act that dates back to 1851. The Limitation of Liability Act was originally enacted as a method to protect American ship owners and the shipping industry from lawsuits that, at the time, greatly exceeded the value of the personal injury cases’ value. The Limitation of Liability Act permits vessel owners to restrict or limit liability that they owe to the injured marine worker who is injured to that of the value of the vessel they were injured on. When it was originally enacted, it was difficult to determine how and what happened in maritime injury cases; the act still stands despite the advances in technology and our ability to determine liability in boat accidents. If you’ve been injured while working on a boat or other water vessel, it’s important to reach out to our team of the boat and maritime accident attorneys who are well-versed in the Limitation of Liability Act and can help you receive fair and just compensation.
What are Maintenance and Cure?
There are two types of benefits that marine workers who become sick or injured are entitled to under maritime law: Maintenance and Cure.
- Maintenance: Maintenance benefits are a type of supplemental income that provides you with money to help cover everyday living expenses while you are disabled, whether temporarily or permanently. In order to qualify for maintenance payments, you have to prove that you have everyday costs that are not covered by any other method as you recover from your injuries or illness.
- Cure: Cure benefits cover legitimate medical expenses related to your illness or accident, including any necessary surgeries or continuing medical treatments in addition to the immediate emergency care implemented after your accident.
Compensation for Maritime Claims