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 water on many fronts. That being said, maritime workers also deserve and need protection against predatory employers and improper practices, especially when at their most vulnerable like after getting injured or being sick from something that happened on 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 was created in 1920 and updated in 2006, it covers accidents and seamen injured or who have become sick while working on a boat within US waters and ports. This means that it’s got a lot of waters 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 them getting hurt or sick in the practice of their job. Employees of the same companies who work on land are covered by workers’ compensation, and thus those on the water needed protection as well leading to the creation of 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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- You Complete An Application
- Fill out our online application or call our toll-free number to speak with a client care technician.
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- Delta Settlement Funding and your personal Legal Team assess your lawsuit.
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- If your lawsuit qualifies for funding, we’ll transfer you your money in as soon as 24 hours!
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Who Does 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 on vessels that are included and if someone working on one is doubting if they are covered, a lawyer specialized in maritime law can look into it. Once it is established that they are to be covered, it will be necessary to make sure that the vessel itself was in navigable waters, and then making sure that the situation is indeed one that should be covered. From there, the lawyer can help set the case up 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 to help change the issue and get 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 from their employer or the vessel owning company. Here, many types of compensations can be covered by the Jones Act in case of maritime accident, incident, injury, or sickness. These are similar to what other worker in other environment may be eligible for and they can be on the smaller side of things and go all the way to large settlements depending on the incident 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
Here this can come in two forms: Coverage of the medical bills as they happen or after the fact. In cases where things go to court, it is often the latter that is done and the coverage given is done through the court and covers the bills after the fact, once the total is known or estimated. This is something where the plaintiff may want to get a lawsuit loan to cover their expenses while they await their settlement payment. This is something that 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 do not have enough budget 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 in the proper healing process for many types of injuries. Staying out of any risk of aggravating the situation is a large part of 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 will need a bit more work to get onto the court case as something that requires payment. 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 how bad did the employer messed up and should they be punished for it in a financial way. Some cases are clear cut on this one way or the other while others will require a judge to see 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 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 something that is particular to the Jones Act and must be in place. 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 is a lot of precedent using the Jones Act in just about every state where waterways are and this means that the precedent can be used to help gage 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, showing that the situation is repeating 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 to face what may come.
A Great Case Can Lead To A Large Settlement
Getting the best case possible put together can truly boost chances of getting a large settlement. The better the case, the higher the chances to win of course, but not only win, but win big. Getting the best out of a bad situation can really help get the healing on the right path. Getting a lawsuit loan or a pre-settlement loan can really help put the healing as a priority and then help put the case on the map properly. Getting a great case together in a situation covered by the Jones Act for a maritime accident or incident will help not only the victim, but also future workers seeing a similar situation by creating a new precedent and by helping prevent the issue from coming up again at all. Cases in situations like these can do much more good than simply getting a settlement to help cover expenses.
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