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When it comes to maritime accidents, there are all sorts of compensation that maritime injury victims are entitled to based on the circumstances of their accidents. Click here to read more about them. Though victims might face specific challenges in their personal injury claims, a maritime accident lawyer can help them navigate the whole process regardless of where the accident occurred and who is responsible based on admiralty law.
Whether you are a passenger or a crew member that suffered injuries due to a lack of training, the process for receiving compensation might differ. Let’s examine the challenges and possible solutions for maritime accident compensation claims.
Challenges in Maritime Accidents
Establishing the at-fault and negligent parties is the first challenge in any maritime accident claim. In some situations, there might be more than one party responsible for your injuries, and, in some instances, you can file more than one type of claim against them.
If you are a seafarer working on any sort of ship, there are various laws to protect you or your family in case of injury, sickness, or death. In many instances, ship owners are the prime liable party regardless of where the accident occurred. In these instances, ship workers who suffer injuries can file their equivalent of a workers’ compensation claim by pursuing damages under the Jones Act.
Harbor workers, longshoremen, or shipyard workers can use the Longshore and Harbor Workers Compensation Act to pursue damages. If the maritime accident victim isn’t a crew member — or if other parties were responsible for your injury — you can pursue damages by filing a personal injury claim.
The challenging part in both cases is gathering evidence and seeking medical aid as soon as possible. Even though medical staff might be readily available on the ship, they might not have your best interest at heart or lack the medical expertise to assess and treat your injuries properly. Seeking a second opinion once you arrive on land is vital.
Another challenge regarding compensation for seafarers suffering injuries is that they might need help with where the claim is pursued, as workers’ compensation might differ in some countries. Victims might be susceptible to compensation schemes, and insurers that work on behalf of the ship might try to prevent them from filing a claim.
These insurers often attempt to resolve the issue with a premature settlement, offering the victim low financial compensation for their damages. In other instances, ship owners might not operate with insurance or other forms of financial security for their workers, making receiving proper compensation even trickier.
Solutions in Maritime Accidents
Speaking to a maritime lawyer is the best solution, no matter what type of maritime accident you suffered and how complicated your case might be. They can handle your case, pinpoint the at-fault parties, and work according to international maritime laws and port or at-sea accidents attempting to ensure that you are rightfully compensated for your troubles in the form of economic and non-economic damages. They can also negotiate with insurance firms on your behalf and help you initiate a lawsuit if the at-fault party doesn’t settle the matter outside of court.