Jones Act Maritime Accident Case And Funding Information
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Maritime accidents and injuries can be expensive for the victim. The Jones Act is there to protect them and a case using this act can be funded by a lawsuit loan. The Jones Act is in place to help protect employees of vessels and maritime companies while in US waters. This is something that takes the place of workers’ compensation as the laws are different when on or in the water on many fronts. That being said, maritime workers also need protection against predatory employers and improper practices, especially at vulnerable times such as after getting injured or becoming sick as a result of the job. As with all workers, there are laws that cover them and the Jones Act is the main part of these.
What Is The Jones Act?
The Jones Act (also referred to as the Merchant Marine Act of 1920), was created in 1920 and updated in 2006. It covers accidents and seamen injured or sick while working on a boat within US waters and ports. The Act covers a lot of water and workers covered under its laws and regulations. It takes the place of workers’ compensation as that is not available for workers who are not employed on land and they still need protection against negligent employers or companies that may lead to getting hurt or sick in the practice of their job. Employees of the same companies who work on the land are covered by workers’ compensation, and those working on the water needed proper protection as well. Hence the Jones Act.
An interesting clause of the Jones Act is that the worker must be on navigable waters, meaning that there must be enough water for the vessel to function even if it is moored. While working on a moored vessel, an employee may get injured or sick and they will be covered by the Jones Act the same way that someone at sea (within US waters) will be.
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Who Is Covered by The Jones Act Cover?
Workers must be contributing to the work of the vessel to be covered by the Jones Act. A few of the people considered as contributing are:
There are a lot of different positions involving working on or near the water but not everyone qualifies as seamen. The term has been defined as an individual who is assigned to a vessel operating in navigable waters. If someone working on or near the water wonders they are covered by the Jones Act, a lawyer specialized in maritime law can look into it. If it turns out that they are covered, the lawyer can help set up a case and gather all the important information.
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What Is Considered A Maritime Accident Covered By The Jones Act?
The Jones Act covers what is considered as negligence and there is a lot to be covered by that. Of course, some instances of negligence are more obvious than others such as when a vessel is in dangerous disrepair and can easily cause severe injuries or grave accidents. Other types of negligence covered by the Jones Act include these cases of negligence:
- To provide a safe, seaworthy vessel.
- To offer and impose proper safety training before getting on the ship.
- In maintaining equipment to avoid malfunction of the equipment.
- To check up on equipment regularly.
- To provide important, proper safety gear to workers in the course of their duties.
- To properly indicate dangerous, hazardous areas.
- In providing no-skid surfaces on decks and potentially wet areas.
When it is believed that one or more of these types of negligence has taken place and led to injury to the worker(s), taking the case to a lawyer should get things going and secure financial compensation for the affected worker(s). Such a case may become a class-action lawsuit depending on how many workers were involved in the incident leading to the lawsuit. Any member of the lawsuit can seek a pre-settlement, settlement, or lawsuit loan.
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What Financial Compensation Does The Jones Act Offer?
The Jones Act covers many bases of any lawsuit a vessel worker may bring forth following a negligence incident caused by their employer or the vessel owning company. Here, many types of compensations can be covered by the Jones Act in case of a maritime accident or sickness. These are similar to what other workers in other environments may be eligible for, meaning that the settlements can range from small to quite large amounts depending on the accident and how it happened. Each incident is its own entity here and history can help decide to which degree the employer is responsible and what kind of financial compensation is to be given.
Medical Bills Coverage
Coverage of the medical bills involves covering medical bills as they happen or later. If the case goes to court, it is often the latter that is done. The coverage given is done through the court and covers the bills after the accident, once the total is known or estimated. This is a situation in which the plaintiff may want to get a lawsuit loan to cover their expenses while they await their settlement payment. Medical bills can become quite heavy of a burden on the victim and getting a loan can really help.
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Loss Of Wages
While out sick or on disability, the worker involved in the incident may lose some of their wages, especially if they lack the financial means to cover their recuperation away from work. Some companies may be able to offer office work while certain injuries heal, but it may not always be possible. Being able to spend time away to get better is important for the healing process for many types of injuries. Staying out of any risk of aggravating the situation is important for getting better and an injured worker may need that. This can lead to lost wages, so the lawsuit can recover that for the injured worker, but in the meantime, a lawsuit loan can help replace these wages so that they can heal without extra stress.
Pain And Suffering
Pain and suffering is something that is harder to prove and may require more work to secure a settlement for the victim. The burden of proof for this is harder to meet, but with the help of medical specialists, it is something that can be added to the case and requested in terms of part of the settlement. This can include things like PTSD as well as other issues related to suffering. This is something that a lawyer can help establish and can make the settlement amount grow.
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This part is the one where the amount requested or given is based on the seriousness of the mistake the employer made and whether they should be punished for it in a financial way. Some cases are quite clear while others will require the expertise of a judge to determine if there should be punitive damages. This is something that should not be counted on and is hard to estimate how much will be awarded if any amount at all. This is something that is better left out of the lawsuit loan amount calculation to stay on the safe side.
Jones Act Accidents We Fund
There are many types of accidents that can happen on boats and we fund most of them, here are some examples:
- Slip and fall
- Work equipment failure
- Dismemberment due to working conditions
- Death and injury
- Boat collision
- Collision with a smaller vessel
- Toxic fumes and other poisonings
How To Qualify For Lawsuit Funding On A Jones Act Case
If you believe you have a case here, bring it to a lawyer and have them file it. To be a valid Jones Act case, the incident needs to have happened on a ship that is in the water in the course of one’s work. This is the basic condition defined by the Jones Act. On top of these, you must have a case that will lead to a settlement and then we will take a look at it and help you fund it.
There are precedents of previous cases using the Jones Act in just about every state that has waterways. This means that a precedent can be used to help gauge how the case should win in court or in litigation and how high the settlement could be. Precedent can also be used to speed things up when the case is nearly identical to a past one, showing that the situation has repeated itself. If this is with the very same employer, it may lead to a larger settlement and punitive damages as it can be proven they have not fixed a previously known issue with their vessel or business. Precedent can be used to get things going in the direction wanted, but it can also play against the plaintiff, so looking into all precedent established for both sides of the case is important to be fully prepared for what may come.
A Great Case Can Lead To A Large Settlement
Building the best case possible is essential for getting a large settlement. The better the case, the higher the chances to win of course, but not only to win but win big. Getting the best out of a bad situation can really help the victim heal. Getting a lawsuit loan or a pre-settlement loan can assist in this situation as it allows the victim to focus on the healing rather than on the financial burdens.
Putting a solid case and proving an employer’s mistake is also important for future workers who may find themselves in similar situations. Your case may set a precedent. Cases in situations like these can do much more good than simply getting a settlement to help cover expenses.
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