If you’ve been injured on a cruise ship or on the job as a seaman, you’ve probably heard about maritime law. But what is maritime law, and how does it affect your ability to file a claim for injuries?
Learning about these rules can help you understand your rights and what steps to take after a maritime accident. Keep reading to learn more about maritime law.
Key Takeaways
- Maritime law governs activities and disputes that take place on the sea, including maritime trade, shipping, navigation, and passenger injuries on cruise ships and in maritime workplaces.
- Maritime law includes the Jones Act, Longshore and Harbor Workers' Compensation Act, and Death on the High Seas Act, as well as a network of other laws.
- If you were injured on a cruise or while working at sea, you may need to work with an experienced cruise ship accident lawyer when filing a claim.
What is Maritime Law?
Maritime law (also called admiralty law) is a body of law that governs matters involving the sea or other navigable waters. It covers issues such as shipping, navigation, maritime commerce, sailors’ rights, cargo transportation, maritime industry workplace injuries, and crew and passenger injuries on cruise ships. While traditional maritime laws focused on trade and sailors’ rights, modern maritime law includes things like environmental law and concerns about the marine environment.
Maritime law is what determines who is liable when passengers and seamen are injured while on navigable waters. A maritime lawyer can help injured crew and passengers seek compensation through maritime lawsuits.
Types of Admiralty Laws
While maritime or admiralty law is a specialized legal system including the broader network of all laws that governs the maritime jurisdiction, it includes a few key laws you should know about. Each of these laws addresses specific issues that arise in maritime activities and disputes. Here are the primary admiralty laws:
Death on the High Seas Act (DOHSA)
The Death on the High Seas Act is a federal law that helps families who lose a loved one in an accident that happens far from the U.S. coast, such as on a ship or in an airplane crash over international waters. If negligence caused the death, the family can file a passenger claim under this law.
Once the case is successful, they may receive compensation for funeral costs, loss of financial support, and counseling expenses. For this process, a maritime lawyer can help families understand their rights under DOHSA.
Jones Act
The Jones Act governs aspects of maritime operations, including vessel maintenance, safety standards, and the regulation of trade between U.S. ports. Under this law, crew members who are injured while performing their duties can take legal action against their employers for negligence. The law also allows seamen to sue if their injuries result from an unseaworthy vessel or from the employer’s failure to provide adequate medical care.
Longshore and Harbor Workers' Compensation Act (LHWCA)
This maritime law applies to people who work on or near navigable waters in the United States, such as docks, shipyards, or piers. It protects maritime workers who are not covered by the Jones Act.
If someone gets injured or sick due to their job as a longshoreman or harborworker, the Longshore and Harbor Workers' Compensation Act ensures they can receive benefits. Compensation may include medical care, lost wages, disability payments, and job training if they need to switch careers.
How Maritime Law Differs From Typical Common Law
Maritime law is actually a type of common law. However, common law more typically applies to cases on land. The major difference between maritime law and typical common law lies in where each applies and how liability is determined. Some of these differences include:
Location of the Incident
Maritime law governs accidents and injuries that happen on navigable waters, such as oceans, rivers, or ports. These include maritime accidents involving ships, offshore platforms, or workers at sea.
On the other hand, most common law applies to incidents that happen on land, like car crashes, slip-and-fall injuries, or construction accidents.
Type of Compensation
Maritime law offers certain benefits that civil law does not, specifically maintenance and cure for injured seamen. These benefits cover living expenses and medical costs until the individual recovers.
Under typical common law, injured parties may recover damages for medical expenses, lost wages, pain and suffering, and other losses, but generally not the cost of daily living expenses.
Court Handling the Case
Maritime cases fall under admiralty jurisdiction and can often be heard in state or federal district courts, as well as specialized admiralty courts, depending on the circumstances. Most common law cases, on the other hand, are usually handled in state courts or local courts, with only rare cases reaching federal courts.
Do You Need a Maritime Lawyer?
If you were injured on a cruise or while working at sea, you may need a maritime lawyer to protect your rights. These lawyers understand the complex rules that govern accidents and disputes on navigable waters.
A maritime lawyer can:
- Represent you in court if your case goes to trial
- Negotiate settlements with cruise lines or insurance companies
- Provide legal advice and help you stay compliant with maritime laws and regulations
- Investigate maritime accidents to determine who is at fault
- Draft and file legal documents related to your claim
- Resolve disputes between passengers, crew members, or companies through mediation or litigation
- Provide advice on insurance claims after cruise or maritime accidents
How To Choose the Right Maritime Lawyer
Choosing the right maritime lawyer is an important step in making sure your case is handled with expertise. To choose the right lawyer, you can follow the tips below:
- Choose a Lawyer With Proven Maritime Experience – Look for someone who regularly handles maritime and admiralty cases and has a strong track record of success.
- Prioritize Clear Communication – Your lawyer should keep you updated, explain legal terms in plain language, and be easy to reach when you have questions.
- Check Client Reviews – Reading what past clients say can give you a real sense of the lawyer’s professionalism and how they handle their cases.
- Consider Professionalism – A lawyer who demonstrates professionalism is generally more reliable, and they can instill confidence in you and make it easier to share important details openly.
- Ask for Written Credentials – Request details about their background and past cases to see if their experience matches what you need.
- Pick a Lawyer Who Is Dedicated – A committed lawyer will invest the time and effort needed to protect your interests and pursue the best possible outcome.
Contact Our Cruise Ship Accident Lawyer for Help With Your Injury Claim
So, what is maritime law, and how does it affect your rights if you’ve been injured on a cruise or in a maritime accident? These state, national, and international maritime laws determine the compensation that may be available for personal injury or passenger claims on navigable waters.
If you’ve been injured on a cruise ship, understanding maritime law is important: it helps you understand what compensation may be available and how to get it. Unfortunately, these laws can be complex. That’s why it is a good idea to work with a cruise ship accident lawyer. At Louis A. Vucci P.A., our experienced lawyer ensures your claim is managed properly and provides guidance through every step of the legal process.
Related Reading:
Understanding cruise ship laws and regulations
Common Cruise Ship Injuries: What to Do After a Cruise Injury
